T.A.No. 36 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No 36 of 2011 Date of decision 7.3.2011 Swarjot Kaur Malhi ...Applicant versus Brij Raj SinghMalhi ...Respondent Present: Mr.K.S.Kang,Advocate for the applicant Mr.Arun Bansal,Advocate for the respondent .... CORAM : HON'BLE MR.JUSTICE JITENDRA CHAUHAN JITENDRA CHAUHAN.J (ORAL) This is an application under section 24 of the Code of Civil Procedure, for transferring case No.76/10 of 2010 filed by the respondent titled “Brij Raj Singh Malhi v.Swarjot Kaur Malhi”under section 13 of the Hindu Marriage Act,1955 (for short the 'Act') from the Court of Additional District Judge, (Fast Track),Amritsar to the court of competent jurisdiction at Patiala. The marriage between the parties was solemnized on 18.11.2001 at Chandigarh and after the marriage, applicant lived with the respondent at Chandigarh, Patiala,Karnal and Amritsar. A daughter was born out of the wed lock of the parties on 18.11.2002. Applicant-wife was subjected to cruelty and was compelled to leave the matrimonial home alongwith her daughter on 24.8.2009. She is presently residing with her widowed mother at Patiala. The respondent filed the petition under section 13 of the Act before the Additional District Judge (Fast Track) at Amritsar. T.A.No. 36 of 2011 2 Applicant seeks transfer of the said petition to the court of competent jurisdiction at Patiala. Parties were ordered to appear in person on the last date of hearing. Both of them are present in the Court today. Both the parties have expressed serious apprehensions in appearing before the court at Amritsar as well as Patiala. However, both have expressed their willingness that the case be transferred to the competent court at Chandigarh. In view of the concession reached between the parties and in order to remove hostilities to certain extent which is in the interest of their child, it would be in the interest of justice that case No. 76/10 of 2010 titled “Brij Raj Singh Malhi v. Swarjot Kaur Malhi” pending in the court of Additional District Judge (Fast Track) Amritsar is transferred to the court of competent jurisdiction at Chandigarh. The Additional District Judge (Fast Track) Amritsar to send the aforesaid case to the court of District Judge,Chandigarh within two weeks from the date of receipt of copy of this order, who shall either dispose it of or entrust it to the court of competent jurisdiction. This transfer application is accordingly disposed of. Parties shall appear before the District Judge,Chandigarh on 2.4.2011 at 11 a.m. 7.3.2011 (JITENDRA CHAUHAN) MS JUDGE