T.A.No. 312 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No. 312 of 2011 Date of decision 8.7.2011 Sonia Garg ...Applicant versus Sandeep Kumar Garg ...Respondent CORAM : HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.V.K.Sandhir,Advocate for the applicant Mr.Arun Jindal,Advocate for the respondent .... JITENDRA CHAUHAN.J (ORAL) This is an application filed under Section 24 of the Code of Civil Procedure for transferring the petitions, titled “ Sandeep Kumar Garg v. Sonia Garg” under section 13 of the Hindu Marriage Act,1955 (for short the 'Act') from the Court of the Additional District Judge,Sangrur and civil suit for mandatory injunction between the parties titled as “Sandeep Kumar Garg v.Sonia Garg” pending in the court of Additional Civil Judge(Sr.Division) Sunam to the court of competent jurisdiction at Mansa . Learned counsel for the applicant contends that the husband has filed two petitions in the courts at Sangrur and Sunam. He further T.A.No. 312 of 2011 2 contends that the applicant- wife, after turning out of the matrimonial home, lodged complaint against the respondent on 15.5.2010 at Mansa and in pursuance to that complaint, the FIR was registered against the respondent. He states that another petition filed under section 125 Cr.P.C. by the applicant is pending at the court of competent jurisdiction at Mansa, though,this fact has not been mentioned in this application. It is further pointed out that the wife is dependent upon her old parents and is raising two years old son born out of the wedlock of the parties. Lastly, he submits that the two stations i.e. Sangrur and Sunam are locted at different directions. On the other hand, learned counsel for the respondent submits that instead of transferring the petitions to Mansa, the same may be transferred to the court of competent jurisdiction at Barnala. I have heard the learned counsel for the parties and gone through the record. Admittedly, both the petitions filed by the respondent are within the territorial jurisdiction of District Sangrur. The applicant is a helpless woman residing at the mercy of her parents after ousting from the matrimonial home. The technicalities of law cannot be allowed to stand in the dispensation of substantial justice. Keeping in view the fact that the wife is without any T.A.No. 312 of 2011 3 resources and the complaint on the basis of which the FIR was lodged is prior in time and subsequent to that the petition under section 125 Cr.P.C. was filed, which is pending at the court of competent jurisdiction at Mansa,and that the convenience of the applicant-wife is to be seen in such like cases, it would be in the interest of justice, if the petitions filed by the respondent-husband are transferred to the court of competent jurisdiction at Mansa. Accordingly,the present application is allowed and the petitions titled “Sandeep Kumar Garg v.Sonia Garg” under section 13 of the Act pending in the court of Additional District Judge, Sangrur and the civil suit for mandatory injunction titled “Sandeep Kumar Garg v. Sonia Garg” pending in the court of Additional Civil Judge (Sr.Division) Sunam are withdrawn and are transferred to the court of competent jurisdiction at Mansa. File shall be sent by the trial courts at Sangrur and Sunam to the District Judge,Mansa within two weeks from the date of receipt of copy of this order, who will either dispose it of or entrust the same to any other court of competent jurisdiction at Mansa. Parties are directed to appear before the District Judge, Mansa on 8 .8.2011. (JITENDRA CHAUHAN) JUDGE 8.7.2011 MS T.A.No. 312 of 2011 4