Transfer Application No. 217 of 2009 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 217 of 2009 (O&M) Date of Decision: 28-10-2009 Maninder Kaur ....Petitioner Versus Harmeet Singh .......Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA 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? Present: Shri Vivek K. Thakur, Advocate, for the petitioner. None for the respondent. HEMANT GUPTA, J. (Oral). The petitioner has sought transfer of the petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 [ for short `the Act' ], now pending in the Court of learned Additional District Judge, Amritsar, to the Court of competent jurisdiction at Kapurthala. It is the case of the petitioner that the marriage between the parties was solemnised on 17.10.2004 at Patiala, according to Sikh rites. Out of the said wedlock a female child was born on 18.7.2005. It is pointed out that the petitioner was maltreated and given taunting for bringing insufficient dowry, from the very beginning of the marriage. Transfer Application No. 217 of 2009 (O&M) [2] On 4.10.2006, the petitioner was given severe beatings and was thrown out of the matrimonial home. It is further pointed out that earlier the petitioner and respondent jointly filed a petition under Section 13-B of the Act, at Kapurthala, but the petitioner was compelled to withdraw the same as the respondent did not appear in the said proceedings. The petitioner has filed a petition under Section 125 Cr.P.C., which is pending adjudication before the Chief Judicial Magistrate, Kapurthala. None has appeared on behalf of the respondent inspite of service. In view of the uncontroverted allegations contained in the petition and further keeping in view the fact that earlier a petition under Section 13-B was filed at Kapurthala, which was subsequently withdrawn, I deem it appropriate to transfer the petition under Section 13 of the Act, pending in the Court of learned Additional District Judge, Amritsar, to the Court of learned District Judge, Kapurthala. Ordered accordingly. It shall be open to the learned District Judge, to entrust the petition to any other Court of competent jurisdiction. Petitioner, through her counsel, is directed to appear before the transferee Court on 30.11.2009, for further proceedings, in accordance with law. [ HEMANT GUPTA ] JUDGE 28-10-2009 ds