T.A. No. 8 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. T.A. No. 8 of 2009 Date of Decision: September 23, 2009 Reena …..Petitioner Vs. Rajesh Kumar …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Sanjiv Gupta, Advocate for the petitioner. Mr. Manish Deswal, Advocate for the respondent. -.- M.M.S. BEDI, J. (ORAL) Petitioner wife had filed an application under Section 24 CPC for transfer of a divorce petition filed by respondent- husband in the Court of District Judge, Yamuna Nagar at Jagadhri, to District Kurukshetra. Notice was issued on January 9, 2009 with a direction that parties should remain present in the Court to explore the possibility of T.A. No. 8 of 2009 [2] compromise. As intimation regarding service of notice on respondent was not received by March 17, 2009, fresh notice was ordered to be issued to the respondent for May 30, 2009. On May 30, 2009, counsel for the respondent had put in appearance but it was not informed that vide an ex-parte judgment and decree dated April 30, 2009, the proceedings which are sought to be transferred, stood already concluded. On May 30, 2009, the case was adjourned at the request of counsel for the respondent. A certified copy of the judgment and decree dated April 30, 2009 passed ex-parte in favour of the respondent- husband has been shown in the Court by counsel for the respondent. A photocopy of the same has been provided to counsel for the petitioner. The petitioner herself is present in the Court. Counsel for the petitioner has submitted that in view of the developments during the pendency of the transfer application, the petitioner will file an application for setting aside of an ex-parte decree which has been obtained during the pendency of the transfer application, reserving the right to get the proceedings transferred by moving an appropriate application. The petition has become infructuous and is dismissed as such. But taking into consideration the circumstances that the respondent by intentionally evading appearance in the transfer application has been able to get an ex-parte decree against the petitioner while the petitioner was taking steps to seek the transfer of petition under Section 13 of the Hindu Marriage Act, (for short ‘the Act’), in the interest of justice and the manner in which T.A. No. 8 of 2009 [3] ex-parte decree has been obtained, it is ordered that in case the petitioner files an application for setting aside of ex-parte decree dated April 30, 2009 within a period of one week, the same will be allowed by the trial Court. Operation of the decree is stayed and respondent is restrained from re- marrying henceforth till the final decision in proceedings under Section 13 of the Act. September 23, 2009 (M.M.S.BEDI) sanjay JUDGE