Transfer Application No. 459 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 459 of 2008 Date of Decision: 14-10-2009 Surinder Kaur ......Petitioner Versus Surinder 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 Karamjit Verma, Advocate, for the petitioner. Shri ADS Sukhija, Advocate, for the respondent. HEMANT GUPTA, J. (Oral). The petitioner has sought transfer of the petition under Section 13 of the Hindu Marriage Act, 1955 [ for short `the Act'], titled as “Surinder Singh v. Surinder Kaur” filed by the respondent-husband and pending in the Court of Additional District Judge, Ludhiana, to the Court of competent jurisdiction at Moga. As per the petitioner, the marriage between the parties was solemnised on 8.8.1988 at village Jalalabad, Tehsil and District Moga. Out of the said wedlock, two sons were born, who are stated to be 18 Transfer Application No. 459 of 2008 [2] and 16 years of age, respectively. It is the case of the petitioner that the respondent raised demands of dowry and also taunted the petitioner for not bringing sufficient dowry and that the respondent has deserted the petitioner and her sons. After sale of the house, by adjusting the loan amount, the petitioner has shifted to reside with her parents at Jalalabad. Earlier, the respondent has filed petition under Section 9 of the Act, which was withdrawn by the respondent. Later on the respondent has filed the petition under Section 13 of the Act for dissolution of the marriage. A petition under Section 125 Cr.P.C. for maintenance is pending at her instance of the petitioner at Moga. The respondent has denied the allegations levelled by the petitioner. During the course of arguments, learned counsel for the respondent has pointed that affidavits of four witnesses were tendered in examination-in-chief, in the month of January, 2009, but the petitioner has avoided cross-examination of the said witnesses on one pretext or the other. It is, thus, alleged that the petitioner is interested in delaying the proceedings and not allowing the same to be finally concluded. Admittedly, the petitioner along with her sons is residing at Moga, wherein she has already initiated proceedings for grant of maintenance under Section 125 Cr.P.C. The respondent is working as Sub Divisional Officer at Ludhiana, therefore, he can very well contest the petition at Moga as he is possessed of sufficient means to do so. Consequently, the present petition is allowed. The petition Transfer Application No. 459 of 2008 [3] under Section 13 of the Act, pending in the Court of Additional District Judge, Ludhiana, is ordered to be transferred to the Court of learned First Additional District Judge, Moga. It shall be open to the learned First Additional District Judge to either retain the petition with him or to entrust the same to any other Court of competent jurisdiction. However, the learned trial Court, entrusted with the petition, shall grant an opportunity to the petitioner to cross-examine the witnesses, whose affidavits have been filed by the respondent. If the petitioner fails to cross-examine the witnesses on the date so fixed, the trial Court shall proceed with the decision of the petition on merits in accordance with law. Parties through their counsel are directed to appear before the learned First Additional District Judge, Moga, on 11.11.2009, for further proceedings in accordance with law. Respondent shall pay costs of Rs.2000/- to the petitioner on the date of his appearance before the transferee Court at Moga. If the respondent fails to make payment of the costs, his petition shall be liable to be dismissed. [ HEMANT GUPTA ] JUDGE 14-10-2009 ds