TA No.287 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. TA No.287 of 2008 Date of Decision: 24.10.2008 Sarabjit Kaur .....Applicant Vs. Sardul Singh ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Ravi Malhotra, Advocate for the applicant. .... 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 “Sardul Singh V. Sarabjit Kaur”, pending in the Court of Additional Civil Judge,Hoshiarpur. Counsel for the applicant submits that the applicant is a resident of Gurdaspur. She has filed a petition for grant of divorce, which is pending adjudication before the District Judge, Gurdaspur. The petition filed under Section 9 of the Hindu Marriage Act, has been filed as a counter blast to the petition for divorce filed by the applicant. The applicant has to look after the welfare of a minor child, aged 4 years and, therefore, cannot repeatedly travel to Hoshiarpur. It is further submitted that even otherwise, the dispute in both the cases is identical, the petition for restitution of conjugal rights be transferred to the District Judge, Gurdaspur. TA No.287 of 2008 2 Despite service, no one has put in appearance on behalf of the respondent. It appears that the respondent is not interested to oppose the prayer made in the present application. In view of what has been stated herein above and more particularly, the fact that the applicant has already filed a divorce petition at Gurdaspur and she has to look after the welfare of a minor child, the petition titiled as “Sardul Singh V. Sarabjit Kaur”, pending in the Court of Additional Civil Judge, Hoshiarpur is transferred to the Court of District Judge, Gurdaspur. The Additional Civil Judge, Hoshiarpur is directed to forthwith, transfer the aforementioned file of the case to the District Judge, Gurdaspur, who shall upon receipt of the file either try it himself or entrust it to a Court of competent jurisdiction. Parties are directed to appear before the transferee Court on 28.11.2008. Disposed of accordingly. 24.10.2008 (RAJIVE BHALLA) GS JUDGE