IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.289 of 2010 (O&M) Date of decision:29.10.2010 Asha Rani alias Nirmala Devi ....Petitioner versus Parkash Singh ...Respondent CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Vipin Mahajan, Advocate, for the petitioner. None for the respondent. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J.(Oral) 1. Respondent has been served, but has not appeared before the Court. 2. The application is for transfer of matrimonial proceedings now pending before the Court at Hoshiarpur at the instance of the husband under Section 9 for restitution of conjugal rights and for custody of the child filed under the provisions of the Guardianship Act. The applicant-wife states that she has two minor children and she has already filed petition for maintenance under Section 125 Cr.P.C. before the Court at Pathankot, District Gurdaspur and also a criminal case under Sections 494, 420, 109 and 34 IPC. It is also contended that the husband has now TA No.289 of 2010 (O&M) - 2 - re-married with another person and the petition filed by the husband is not bona fide. 3. Without going into the merits and contentions regarding the alleged misconduct of the husband, I am of the view that having regard to the earlier proceedings initiated at the instance of the wife and which are now pending within the jurisdiction of the Court at Gurdaspur, the petition filed by the husband and pending before the Civil Judge (Senior Division), Hoshiarpur deserves to be transferred and accordingly is ordered to be withdrawn and transferred to be tried before the Civil Court (Senior Division) at Pathankot, District Gurdaspur. The application is allowed. 4. For appearance of parties before the Court at Pathankot, District Gurdaspur, on 22.11.2010. (K.KANNAN) JUDGE 29.10.2010 sanjeev