T.A. No.235 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. T.A. No.235 of 2008 Date of Decision: 5.11.2008 Nirmala Devi and others .....Applicants Vs. Harish Kumar ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Y.P. Singla, Advocate for the applicants. None for the respondent. .... RAJIVE BHALLA, J (Oral) Prayer in this application is for transfer of a petition filed by the respondent under Section 13 of the Hindu Marriage Act titled as “Harish Kumar V. Nirmala Devi” pending in the Court of District Judge, Kurukshetra, to a Court of competent jurisdiction at Nabha. Counsel for the applicants submits that the applicant no.1 Nirmala Devi has been turned out of the matrimonial home after birth of a second daughter. She has filed a petition under Section 125 Cr.P.C. at Nabha, where the respondent is appearing. The applicant is extremely poor and has to look after the welfare of two minor daughters. She is dependent upon her father, who works at a brick kiln. It is, therefore, prayed that as the applicant has no means to travel from Nabha to Kurukshetra, to defend the divorce petition, the case be transferred to a Court of competent T.A. No.235 of 2008 2 jurisdiction at Nabha. Despite service, the respondent has not put in appearance. It appears that the respondent is not interested in contesting the prayer made in this application. In view of the facts noticed herein above, the transfer application is allowed and the case titled as “Harish Kumar V. Nirmala Devi” is transferred from the Court of District Judge, Kurukshetra to the Court of District Judge, Patiala, as the Courts at Nabha do not have jurisdiction to entertain a petition for grant of divorce. The District Judge, Kurukshetra is directed to forthwith transfer the file of the aforementioned case to the District Judge, Patiala, who shall upon receipt of the case either try it himself or entrust it to a Court of competent jurisdiction, in accordance with law. Parties are directed to appear before the District Judge, Patiala on 28.11.2008. 5.11.2008 (RAJIVE BHALLA) GS JUDGE