TA No.133 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.133 of 2011 Date of decision : 18.04.2011 Rajwinder Kaur ...Applicant Versus Harmik Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ashish Aggarwal, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been filed by the applicant- wife, Rajwinder Kaur, under Section 24 of the Code of Civil Procedure, praying for transfer of petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Harmik Singh Vs. Rajwinder Kaur’, from the Court of learned Additional District Judge, Faridkot, to the Court of competent jurisdiction at Amritsar. 2. The learned counsel for the applicant submits that the respondent stands convicted under Section 406 and 498-A IPC by the Court of learned JMIC, Amritsar, vide order dated 8.11.2007. Subsequent to the order of conviction, the parties reached upon a TA No.133 of 2011 2 compromise and the parties started living together. However, the respondent has again filed petition under Section 13 of the Act which is sought to be transferred by way of the present application. 3. Despite service by way of affixation, nobody has caused appearance on behalf of the respondent, therefore, he is proceeded against ex parte. 4. From the perusal of Annexure P-3, it is made out that the applicant suffers disability to the extent of 50%. This is second round of the litigation initiated by the respondent`. 5. Keeping in view the disability of the applicant and the conduct of the respondent, this Court is of the opinion that the ends of justice would be met if the present application is allowed. 6. Accordingly, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Harmik Singh Vs. Rajwinder Kaur’ is withdrawn from the Court of learned Additional District Judge, Faridkot, and is transferred to the Court of competent jurisdiction at Amritsar. The entire record pertaining to the petition shall be sent by the trial Court at Faridkot to learned District Judge, Amritsar, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 7. The parties shall appear before the Court of learned District Judge, Amritsar, on 18.05.2011 at 11.00 am. 18.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE TA No.133 of 2011 3 Note : Whether to be referred to Reporter ? Yes / No