T.A. No. 257 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH T.A No. 257 of 2009 Date of decision: 25-11-2009 Parvinder Kaur Versus Arvinder Pal Singh CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: Ms Anita Sharma, Advocate, for the petitioner. Mr V.K.Sandhir, Advocate, for the respondent HEMANT GUPTA, J. C.M. No. 27577 of 2009 C.M. is allowed. Documents Annexures R/1 to R/3 and the reply are taken on record. T.A.No. 257 of 2009 The petitioner has sought transfer of petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955( for short the Act) pending in the court of Shri Karnail Singh, Additional District Judge, Amritsar to the court of competent jurisdiction at Ludhiana. It is the case of the petitioner that marriage between the parties was solemnized on 12.10.1998 and two children namely Tarvinder Pal Singh and Navneet Kaur were born on 12.10.1989 and 29.12.1990 respectively out of this wedlock. It is the case of the petitioner that she is not possessed of any source of income though she is maintaining two children born out of the wedlock. The petitioner has already instituted T.A. No. 257 of 2009 2 proceedings under Section 125 of the Code of Criminal Procedure at Ludhiana. It is also pointed out that earlier the respondent had filed a petition under Section 9 of the Act but the same was withdrawn by the respondent after an application for grant of maintenance and litigation expenses was filed by the petitioner. In reply the respondent has asserted that Amritsar court alone has jurisdiction to try the petition for dissolution of marriage and it would be difficult to produce witnesses by the respondent at Ludhiana. It is also pointed out that petition under Section 125 of the Code of Criminal Procedure has been dismissed qua the wife-petitioner. The learned Trial Magistrate has held that the petitioner has not been able to make out any just and sufficient reasonable ground for living separately from the respondent. A perusal of the pleadings of the petition shows that admittedly the petitioner is residing at Ludhiana alongwith her two children. It is not the case of the respondent that the petitioner is possessed of sufficient means to maintain herself and the children. The interest of justice would be met if the petition under Section 13 of the Act pending at Amritsar is ordered to be transferred to the court of District Judge, Ludhiana as it will give an opportunity to the petitioner to defend the case effectively. Consequently, the petition under Section 13 of the Act titled Arvinder Pal Singh Vs. Parvinder Kaur pending in the court of Shri Karnail Singh, Additional District Judge, Amritsar is ordered to be transferred to the T.A. No. 257 of 2009 3 court of District Judge, Ludhiana. It shall be open to the learned District Judge, to entrust the case to any other court of competent jurisdiction. Parties through counsel are directed to appear before the learned District Judge, Ludhiana on 21.12.2009. (HEMANT GUPTA) JUDGE November 25, 2009 RSK