T.A.No.184 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.184 of 2009 Date of Decision : 16.11.2009 Promila ...Petitioner Versus Hamid ...Respondent CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Rakesh Nehra, Advocate, for the petitioner. Mr. S.P.Chahar, Advocate, for the respondent. HEMANT GUPTA, J. (ORAL) The petitioner has sought transfer of the civil suit for declaration in respect of status of the parties as divorced pending in the Court of learned Addl. Civil Judge (Senior Division), Safidon, to the competent Court of jurisdiction at Rohtak. It is the case of the petitioner that the marriage between the parties was solemnized on 19.4.1996 as per Muslim customs and after reciting verses from holy Quran. Four children were born out of the said wedlock, out of which three daughters are with the respondent and the youngest son, aged 4 years is with the petitioner. It is the case of the petitioner that the petitioner was taunted and harassed for not bringing sufficient dowry and that she has already filed a petition for maintenance under Section 125 of the Cr.P.C. The petitioner has also lodged a complaint, which is pending against the respondent at Jind. Thus, the petitioner has sought transfer of the civil T.A.No.184 of 2009 2 suit for declaration filed by the respondent pending in the Court of learned Addl. Civil Judge (Senior Division), Safidon to the competent Court of jurisdiction at Rohtak. The marriage between the parties was solemnized at village Garnawati, Tehsil Kalanaur, District Rohtak. The petitioner is living at Rohtak with a small child of about 4 years. The other children, who are with the respondent are older than the youngest son, who is with the petitioner. The petitioner is not possessed of sufficient means to defend the proceedings at Safidon, which is evident from the fact that she has invoked the jurisdiction of the Court at Rohtak for her maintenance. Therefore, it will be appropriate if the proceedings of the civil suit for declaration that the parties have divorced, are transferred to the Court of competent jurisdiction at Rohtak, as the evidence to be led in both the cases will be almost similar. In view of the said fact, the proceedings in the civil suit for declaration titled “Hamid Vs. Promila” pending in the Court of learned Addl. Civil Judge (Senior Division), Safidon are ordered to be transferred to the Court of Shri Sunil Chauhan, Civil Judge (Junior Division), Rohtak, for further proceedings. The transferee Court shall attempt to fix the proceedings in the civil suit and proceedings under Section 125 Cr.P.C. on the same day as far as possible. Parties through their counsel are directed to appear before the transferee Court on 18.12.2009. 16.11.2009 (HEMANT GUPTA) Vimal JUDGE