T.A. No. 128 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH T.A. No. 128 of 2009 Date of decision: 18-11-2009 Ravanjeet Kaur Versus Balkar Singh CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: Shri S.K.Sandhir, Advocate, for the applicant. Shri P.S.Brar, Advocate, for the respondent HEMANT GUPTA, J. The petitioner has sought transfer of HMA case No. 2 dated 2.1.2008 titled Balkar Singh Vs. Ramanjit Kaur under Section 9 of the Hindu Marriage Act, 1955 pending in the court of Shri Ranjit Kumar Jain, Additional Civil Judge (Senior Division), Patiala to the competent court of jurisdiction at Ludhiana. The marriage between the parties was solemnized on 21.11.2004 at village Narangwal, District Ludhiana according to Sikh rites. A female child was born out of the wedlock on 8.10.2005. It is the case of the petitioner that respondent and his family members were cruel to her and there was a demand of dowry. The petitioner and her family members tried to meet the demand of dowry raised by the respondent and his family members but on account of inability of the petitioner and her family members to meet out the demand, she was turned out of the matrimonial home on 27.7.2005 after giving severe beatings. Since then she is residing with her parents at village Narangwal, District Ludhiana. She has also filed a complaint for an offence under Section 406 and 498A of the Indian Penal Code which is pending before the court at Ludhiana. The petitioner also sought maintenance in a petition under Section 125 of the Code of Criminal Procedure which is also pending at T.A. No. 128 of 2009 2 Ludhiana. No reply has been filed by the respondent though learned counsel for the respondent has put in appearance before this Court on 5.8.2009. Mr. Brar has again sought some time to file reply. I do not find any ground to grant him another opportunity to file reply to the petition. A perusal of the petition filed by the respondent shows that the marriage was solemnized at village Narangwal District Ludhiana and female child born out of the wedlock is with the petitioner. In view of the fact that the petitioner is to maintain a small child of less than 4 years and that the petitioner is possessed sufficient means to maintain herself and her child, I deem it appropriate to transfer the proceedings initiated by the respondent under Section 9 of the Hindu Marriage Act to the court of competent jurisdiction at Ludhiana. In view of the above, HMA case No. 2 dated 2.1.2008 titled Balkar Singh Vs. Ramanjit Kaur under Section 9 of the Hindu Marriage Act, 1955 pending in the court of Shri Ranjit Kumar Jain, Additional Civil Judge (Senior Division), Patiala is transferred to District Judge, Ludhiana. It shall be open to the learned District Judge to entrust the petition to any other court of competent jurisdiction. Parties to appear before the learned District Judge, Ludhiana on 21.12.2009 for further proceedings. (HEMANT GUPTA) JUDGE November 18, 2009 RSK