T.A.No.383 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.383 of 2009 Date of Decision : 16.11.2009 Guljeet Kaur ...Petitioner Versus Kanwaljit Singh Kohli ...Respondent CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. R.K.Girdhar, Advocate, for the petitioner. Me. Dhiraj Chawla, Advocate, for the respondent. HEMANT GUPTA, J. (ORAL) The petitioner has sought transfer of petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') titled Kanwaljit Singh Vs. Guljeet Kaur, pending in the Court of learned Addl. District Judge, Ropar to any other Court of competent jurisdiction at Ludhiana. Marriage between the parties was solemnized on 14.12.1990 at Nangal as per Sikh rites and two daughters were born out of the said wedlock, who are living with the petitioner. It is the case of the petitioner that she was maltreated on account of failure of her family members to meet out the demands of dowry and that she is not possession of any means to contest the petition, as she is staying at Ludhiana. It is also pointed out that in fact the respondent is residing at Ludhiana and has filed the petition at Ropar by giving his address of Ropar. The petitioner has relied upon the copies of telephone bills to the effect that the T.A.No.383 of 2009 2 respondent is residing at Ludhiana. In the written-statement, the respondent has denied the allegations levelled by the petitioner and in fact relied upon an agreement dated 27.2.2006, whereby the parties agreed to dissolve their marriage by mutual consent. He has admitted that he has property at Ludhiana, though he is residing with his parents at Ropar. In view of the admitted fact that the petitioner is residing at Ludhiana alongwith two minor daughters and also the fact that the respondent owns property at Ludhiana, it would be in the interest of justice that the petition under Section 13 of the Act is tried and decided by the competent Court of jurisdiction at Ludhiana. In view of the above, the petition titled “Kanwaljit Singh Vs. Guljeet Kaur”, pending in the Court of learned Addl. District Judge, Ropar is ordered to be transferred to the Court of learned District Judge, Ludhiana. It shall be open to the learned District Judge to entrust the petition to any other Court of competent jurisdiction. Parties through their counsel are directed to appear before the transferee Court on 18.12.2009 for further proceedings. 16.11.2009 (HEMANT GUPTA) Vimal JUDGE T.A.No.383 of 2009 3 Present: Mr. R.K.Girdhar, Advocate, for the petitioner. Me. Dhiraj Chawla, Advocate, for the respondent. *** C.M.No.26915-CII of 2009 The application is allowed. Written statement filed on behalf of the respondent is taken on record. 16.11.2009 (HEMANT GUPTA) Vimal JUDGE