T.A.No.214 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.214 of 2009 Date of Decision 11.11.2009 Smt.Sunil Lata ........ Petitioner Versus Naresh Saini ........ Respondent CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA Present: Mr.Sandeep Kotla, Advocate, for the petitioner. Mr.Amrit Paul, Advocate, for the respondent. HEMANT GUPTA, J. The petitioner has sought transfer of proceedings initiated by the respondent under Section 13 of the Hindu Marriage Act, 1955, now pending in the Court of Sh.C.B.Sheoran, Additional District and Sessions Judge, Gurgaon, to the Court of competent jurisdiction at Rohtak. It is alleged by the petitioner that the marriage between the parties was solemnized on 9.12.2003 at Rohtak as per Hindu Rites and ceremonies. It is admitted that a female child born out of this wedlock, is being brought up by the petitioner herein. The case of the petitioner is that she was treated with T.A.No.214 of 2009 -2- cruelty since her marriage by the respondent and his family members which led to her turning out of the matrimonial home. The respondent has filed a petition under Section 13 of the Hindu Marriage Act, 1955, for dissolution of the marriage at Gurgaon, whereas the petitioner has invoked the jurisdiction of a criminal court at Rohtak, for grant of maintenance in proceedings under Section 125 of Criminal Procedure Code and has also initiated proceedings for offences under Section 406/498-A IPC. Such proceedings at the instance of the petitioner are pending at Rohtak. Keeping in view of the fact that the marriage between the parties was solemnized at Rohtak and the petitioner is maintaining a small girl child born out of the wedlock at Rohtak and two proceedings at the instance of the petitioner are pending at Rohtak, therefore, proceedings under Section 13 of the Hindu Marriage Act, 1955, initiated by the respondent, are ordered to be transferred to the Court of Leaned District Judge, Rohtak. It shall be open to the learned District and Sessions Judge, to entrust the petition to the court of competent jurisdiction. Parties through their counsel are directed to appear before the learned District Judge, Rohtak, on 9.12.2009. November 11, 2009 (HEMANT GUPTA) rishu JUDGE