T. A. No. 363 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGRH T. A. No. 363 of 2009 Date of decision: 10.11.2009 Ritika Sharma Vs. Manish Kumar CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of Local Papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Ms. Monika Goyal, Advocate, for the petitioner Shri Ankur Sharma, Advocate, for the respondent HEMANT GUPTA,J.(oral) The petitioner has sought transfer of proceedings initiated by the respondent under Section 12 of the Hindu Marriage Act, 1955 now pending in the court of Shri R.K.Sondhi, Additional District Judge, Chandigarh to another court of competent jurisdiction at Ropar. The petitioner has alleged that marriage between the parties was solemnized on 24.8.2008 according to Hindu Rites at Ropar. Though sufficient amount of dowry was given but the respondent harassed and maltreated the petitioner for not meeting out the demand of dowry of the respondent and his parents. It is also alleged that the petitioner was turned out of the matrimonial home. Petitioner has also filed a petition for maintenance on 12.9.2009 under Section 125 of the Code of Criminal Procedure. The petitioner has also lodged proceedings under Protection of Women from Domestic Violence Act, 2005 and the same are pending at Ropar. It is pointed out that the respondent has initiated proceedings under Section 12 of the Hindu Marriage Act, 1955 at Chandigarh knowing well that she will not be able to defend the case at Chandigarh effectively. T. A. No. 363 of 2009 2 In the reply filed, the respondent has alleged that the petitioner is possessed of sufficient means to contest the petition and is a Post Graduate and E.T.T. Diploma Holder and thus she can very well contest the proceedings at Chandigarh. I have heard learned counsel for the parties and is of the opinion that sufficient cause is made out for transfer of the proceedings under Section 12 of the Act from Chandigarh to court of competent jurisdiction at Ropar. The marriage between the parties was solemnized at Ropar. The proceedings at the instance of the petitioner are pending at Ropar. Therefore, the proceedings initiated by the respondent under Section 12 of the Act will be more appropriately dealt with by the competent court at Ropar. Transfer of proceedings to Ropar will be convenient to the parties as litigation inter se between the parties are pending at Ropar. The transferee court can fix any date as per convenience of the parties. In view of the above, petition under Section 12 of the Act titled Manish Kumar Vs. Ritika Sharma pending in the court of Shri R.K.Sondhi, Additional District Judge, Chandigarh is transferred to court of District Judge, Ropar. It shall be open to the District Judge, Ropar to entrust the case to the court of competent jurisdiction. The transferee court shall make an attempt to fix as far as possible, any date as may be fixed in other cases. Parties to appear before the learned District Judge, Ropar on 9.12.2009. (HEMANT GUPTA) JUDGE November 10, 2009 RSK T. A. No. 363 of 2009 3