T.A.No.228 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.228 of 2008. Decided on: September 23, 2009. Suman .. Petitioner VERSUS Surinder .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.S.P.Khatri, Advocate, for the petitioner. Mr.Mahesh Kumar Gupta, Advocate, for the respondent. M.M.S. BEDI, J. (ORAL) The petitioner-wife has filed this petition under Section 24 of the CPC, for transfer of a divorce petition titled 'Surinder Singh Vs Suman', under Section 13 of the Hindu Marriage Act, filed by the respondent-husband, pending in the Court of Additional District Judge, Jhajjar to District Court, Sonepat, inter alia, on the ground that a petition under Section 9 of the Hindu Marriage Act, has also been filed by the petitioner at Sonepat, and that it will be highly inconvenient for the petitioner to visit Jhajjar on . . . 1 T.A.No.228 of 2008 each date of hearing to contest the divorce petition filed by the respondent. An attempt was made for reconciliation but the respondent on account of certain circumstances is unable to resume cohabitation with the petitioner. Counsel for the respondent has opposed the application for transfer, inter alia, on the ground that the petitioner- wife is resident of village Mirjapur Kheri, Tehsil Gohana, which is at a distance of 62 kilometers from Jhajjar and only 52 kilometers from Sonepat and that it is convenient for the petitioner-wife to contest the proceedings at Jhajjar. I have also heard the respondent present in the Court. He has stated that he is resident of village Bahadurgarh, which is 50-60 kilometers away from Sonepat and about 30 to 40 kilometers away from Jhajjar. Taking into consideration the totality of all the circumstances, I am of the opinion that when proceedings under Section 13 of the Hindu Marriage Act, for annulment of marriage as well as proceedings for restitution of conjugal rights are pending between a couple, both the proceedings should be taken up simultaneously by one Court. It will also not be of much inconvenience for the respondent in the present case to pursue his petition for divorce at Sonepat, where proceedings under Section 9 of the Hindu Marriage Act, initiated by the petitioner are pending. In view of above, the divorce petition filed by respondent-husband, titled 'Surinder Singh Vs Suman' , pending in . . . 2 T.A.No.228 of 2008 the Court of Additional District Judge, Jhajjar is ordered to be transferred to Sonepat. File of the case, complete in all respects, will be sent from Jhajjar to District Judge, Sonepat, for 31.10.2009. It will be open to the District Judge, Sonepat, to keep the file with him for adjudication or to assign the same to any other Court of competent jurisdiction. It is also observed that the District Judge, Sonepat, will find out the proceedings initiated by Suman against her husband Surinder, under Section 9 of the Hindu Marriage Act, and transfer the same to the Court where the divorce petition filed by Surinder Singh, is entrusted for adjudication. Parties are directed to appear before the transferee Court on 31.10.2009 for further proceedings. Allowed. (M.M.S.BEDI) JUDGE September 23, 2009. rka . . . 3