TA No.154 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. TA No.154 of 2008 Date of Decision: 19.12.2008 Nirmal Kaur .....Applicant Vs. Onkar Singh ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Salil Bali, Advocate for the applicant. Mr. J.S. Dadwal, Advocate for the respondent. .... RAJIVE BHALLA, J (Oral) Prayer in this application is for transfer of a petition filed under Section 9 of the Hindu Marriage Act, titled as Onkar Singh V. Nirmal Kaur, pending before the Civil Judge (Senior Division), Ludhiana, to a Court of competent jurisdiction at Ferozepur. Counsel for the applicant submits that the applicant has to look after the welfare of two minor children and a widowed mother. In addition, she has filed an application under Section 125 Cr.P.C. and a complaint under Sections 406/498-A/420/506 IPC, which are pending adjudication before the Chief Judicial Magistrate, Ferozepur. It is prayed that in view of the above, the petition filed under Section 9 of the Hindu Marriage Act be transferred from the Court of Civil Judge (Senior Division), Ludhiana, to a Court of competent jurisdiction at Ferozepur. Counsel for the respondent submits that the applicant does not TA No.154 of 2008 2 have a right to pray for transfer of the case, merely on the ground of pendency of other cases at Ferozepur. I have heard learned counsel for the parties and appraise the pleadings. As noticed herein above, the applicant has to look after two minor children and a widowed mother. In addition, two cases arising from this matrimonial dispute, namely; an application filed under Section 125 Cr.P.C. and a complaint filed under Sections 406/498-A/420/506 IPC is pending adjudication at Ferozepur. The respondent, admittedly is appearing in proceedings filed under Section 125 Cr.P.C. at Ferozepur. The interest of justice, would therefore, require that the prayer for transfer be accepted. In view of the above fact, the application is allowed and the case filed under Section 9 of the Hindu Marriage Act, titled as Onkar Singh V. Nirmal Kaur pending in the Court of Civil Judge (Senior Division), Ludhiana, is transferred to the Court of competent jurisdiction at Ferozepur. The Civil Judge ((Senior Division), Ludhiana, is directed to forthwith transmit the file of the aforementioned case to the District Judge, Ferozepur, who shall upon receipt of the case either try it himself or entrust it to a Court of competent jurisdiction. Parties are directed to appear before the District Judge, Ferozepur on 2.2.2009. 19.12.2008 (RAJIVE BHALLA) GS JUDGE