T.A.No.321 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.321 of 2011(O&M) Date of decision:11.07.2011 Meenu Arora ..... Applicant Versus Sandeep Walia ..... Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.Ritesh Pandey, Advocate for the applicant. ***** JITENDRA CHAUHAN, J. (ORAL) The present application has been moved by the wife-Meenu Arora, for transfer of the petition under Section 9 of the Hindu Marriage Act, 1955, filed by the husband-Sandeep Walia. The learned counsel for the applicant states that the applicant has filed a petition under Section 13 of the Hindu Marriage Act, 1955, at Gurdaspur. The respondent has caused appearance in that petition. He further contends that a daughter born out of the wedlock, is being maintained by the applicant-wife. Despite service, nobody has caused appearance on behalf of the respondent. Accordingly, the respondent is proceeded against ex- parte. The applicant has filed a petition under Section 13 of the Hindu Marriage Act, 1955, which is prior in time in which the husband-respondent is already appearing. Keeping in view the fact that T.A.No.321 of 2011(O&M) -2- the petition filed by the applicant is prior in time and the present petition filed for transfer of the petition filed under Section 9 of the Hindu Marriage Act, 1955 by the husband, the convenience of the wife cannot be ignored. Accordingly, the application is allowed, the trial Court, Kapurthala is directed to send the entire record of the petition under Section 9 of the Hindu Marriage, Act, 1955 to the District Judge, Gurdaspur within three weeks. The parties are directed to appear before the District Judge, Gurdaspur on 12.08.2011. 11.07.2011 [ JITENDRA CHAUHAN ] shamsher JUDGE