IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.213 of 2007 Date of Decision: 18.12.2008 Smt. Pooja .... Applicant vs. Hem Raj .... Respondent Coram: Hon'ble Mr. Justice Rajive Bhalla. Present: Ms. Meenu Sharma, Advocate for the applicant. Mr. B.B.S. Sobti, Advocate for the respondent. **** Rajive Bhalla, J, (Oral) Prayer in this application is for transfer of a petition filed under Section 9 of the Hindu Marriage Act, 1955, titled as “Hem Raj vs. Pooja” pending in the court of Civil Judge (Junior Division), Ludhiana, to the court of District Judge, Ambala. Counsel for the applicant submits that the applicant has to look after the welfare of a minor child aged two years. In addition, she has filed an application under Section 125 of the Criminal Procedure Code for grant of maintenance at Ambala. It is further submitted that the applicant has also filed a complaint under Sections 406, 498-A of the Indian Penal Code at Ambala. It is, therefore, prayed that the petition filed under Section 9 of the Hindu Marriage Act, 1955 titled as “Hem Raj vs. Pooja” pending in the court of Civil Judge (Junior Division), Ludhiana, be transferred to the court of District Judge, Ambala. Counsel for the respondent does not deny the aforementioned facts but states that the respondent is a poor man and cannot pursue the petition at Ambala. It is prayed that as the respondent has filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal TA No.213 of 2007 -2- rights before a court of competent jurisdiction at Ludhiana, the present application be dismissed. I have heard counsel for the parties and perused the pleadings. As noticed hereinabove, the applicant-wife has filed two cases, one under Section 125 of the Criminal Procedure Code and another under Sections 406/498-A of the IPC at Ambala. The respondent is already appearing in these cases at Ambala. In addition, the wife has to look after the welfare of a minor child aged two years. These facts in my considered opinion are sufficient to transfer the petition filed under Section 9 of the Hindu Marriage Act, 1955 titled as “Hem Raj vs. Pooja” to Ambala. Consequently, the transfer application is allowed, the petition filed under Section 9 of the Hindu Marriage Act, 1955, titled as “Hem Raj vs. Pooja” filed under Section 9 of the Hindu Marriage Act, 1955, pending in the court of Civil Judge (Junior Division), Ludhiana, is transferred to the court of District Judge, Ambala. The Civil Judge (Junior Division), Ludhiana, shall forthwith transmit the file of the aforesaid case to the District Judge, Ambala, who shall upon receipt of the file either try the case himself or entrust it to any other court of competent jurisdiction at Ambala. Parties are directed to appear before the District Judge, Ambala, on 29.01.2009. Liberty is granted to the respondent to pray that, if possible, his cases be fixed on the same date and before the same court. 18.12.2008 (Rajive Bhalla) sk Judge