TA No.18 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.18 of 2011 (O&M) Date of decision : 21.04.2011 Manpreet Kaur ...Applicant Versus Gurmeet Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Puja Chopra, Advocate for the applicant. Mr. Navkesh Singh, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred by Ms. Manpreet Kaur, the applicant-wife under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Gurmeet Singh Vs. Manpreet Kaur’, from the Court of learned Civil Judge (Sr. Divn.), Samrala, to the Court of competent jurisdiction at Patiala. TA No.18 of 2011 2 2. It has been averred in the application that there was constant demand of dowry and when not met, the applicant was thrown out of the matrimonial home. She is presently residing at Patiala with her parents. 3. The learned counsel for the applicant further contends that despite the order from the Court in the petition under Section 125 Cr.P.C. filed by her, the respondent is not paying any maintenance. Moreover, another complaint filed by the applicant is pending adjudication at Patiala. 4. The learned counsel for the respondent has vehemently opposed the prayer. 5. I have heard the learned counsel for the parties and perused the record. 6. Keeping in view the facts that the applicant has been thrown out of the matrimonial home, the respondent is not complying with the order passed by the Court in the petition under Section 125 Cr.P.C., thus, the applicant does not have any resources to bear the expenses to go to Samrala to defend her case and inconvenience caused on account of the petition filed by the respondent cannot be ignored. Therefore, this Court is of the opinion that the instant application deserves to succeed. 7. Accordingly, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Gurmeet Singh Vs. Manpreet Kaur’ is withdrawn from the Court of learned Civil Judge (Sr. Divn.), Samrala, and is transferred to the Court of competent TA No.18 of 2011 3 jurisdiction at Patiala. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Samrala to the learned District Judge, Patiala, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 8. The parties shall appear before the Court of learned District Judge, Patiala, on 21.05.2011. 21.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No