IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 353 of 2009 (O&M) Date of Decision: 25.8.2010. Rani ....Applicant Versus Nazar Singh ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. J.S. Dadwal, Advocate for Ms. G.K. Dulat, Advocate for the applicant. Mr. Tribhuvan Singla, Advocate for the respondent. RAJESH BINDAL J Prayer in the present application is for transfer of petition, titled as Nazar Singh Vs. Rani filed under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') for restitution of conjugal rights by the respondent-husband from the Court of Addl. Civil Judge (Sr. Division), Jagraon to the Court of competent jurisdiction at Barnala. Considering the fact that three children born out of the wedlock are living with husband and the applicant-wife is living in village Rauli Ki Patti, Tehsil Tapa, District Barnala with her mother, I do not find any reason to transfer the present petition filed by the husband under Section 9 of the Act to Barnala. It was also pointed out at the time of hearing that in the application filed by the wife under Section 125 Cr.P.C. a sum of ` 1,000/- per month was fixed as maintenance. Learned counsel for the respondent-husband submitted that though the order fixing maintenance has been challenged, however, the amount is being paid to the applicant regularly and if not being paid, it shall be paid to the applicant, till such time the order passed by the Magistrate is set aside by any higher Court. The application is accordingly dismissed. (RAJESH BINDAL) 25.8.2010. JUDGE Reema