TA 419 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH TA 419 of 2008 Date of decision: 7.8.2009 Sarabjit Kaur Petitioner vs Jagminder Singh Respondent Present Ms. Naveen Malik, Advocate Mr. RS Bajaj, Advocate. M.M.S.BEDI,J. This order will dispose of the present application u/s 24 of the CPC for transfer of case titled Jagminder Singh vs Sarabjit Kaur pending in the court of learned District Judge, Amritsar to a court of competent jurisdiction at Chandigarh. Learned counsel for the petitioner has contended that the marriage, as per the petition u/s 13 of the Hindu Marriage Act, filed by the petitioner's husband had taken place at Chandigarh. In paragraph 4 of the said petition, the respondent has admitted that after marriage the parties resided as husband and wife at Mohali as well as at Amritsar since January 2006 and a son was born out of the wedlock. Learned counsel for the respondent has opposed the application contending that the parties resided at Amritsar, as such the learned District Judge, Amritsar has got jurisdiction. The respondent being at present resident of Amritsar, it will be convenient for both the parties in case the petition continues at Amritsar. I have heard learned counsel for the parties. Since the TA 419 of 2008 2 marriage has taken place at Chandigarh, the parties admittedly resided for some time at Mohali, it will not be of much inconvenient for the respondent to pursue his petition at Chandigarh or Mohali. Taking into consideration the comparative convenience of both the parties, it is deemed expedient in the interest of justice to transfer the divorce petition, pending in the court of the learned District Judge, Amritsar to the court of the learned Additional Sessions Judge, Mohali. Learned counsel for the petitioner contends that since the application u/s 125 Cr.P.C. , filed by the petitioner, is pending at Chandigarh, it will be convenient for both the parties to litigate at Chandigarth. Since the distance between Mohali and Chandigarh is 5/7 kms, it is deemed appropriate that the petition for divorce filed by the respondent is transferred to Mohali as the proceedings u/s 125 Cr.P.C. are independent of the proceedings u/s13 of the Hindu Marriage Act. The application is allowed and the learned District Judge, Amritsar is directed to send the file, complete in all respect, to the learned Additional Sessions Judge, Mohali by 19.9.2009. The parties are directed to appear before the the learned Additional Sessions Judge, Mohali for further proceedings on that date in accordance with law. August 7 ,2009 ( M.M.S.BEDI ) TSM JUDGE