TA No.90 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.90 of 2011 Date of decision : 04.05.2011 Seema ...Applicant Versus Vipin Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Jasjit Singh, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred by the applicant- wife under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ‘Vipin Kumar Wadhwa Vs. Seema Wadhwa’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Ludhiana, to the Court of competent jurisdiction at Ferozepur. 2. Learned counsel for the applicant contends that the applicant never married the respondent. The petition under Section 9 of the Act has been initiated by the respondent only with a view to tarnish the image of the applicant and to cause embarrassment to the TA No.90 of 2011 2 family of the applicant. 3. Notice of the application was issued to the respondent on 24.02.2011. From the perusal of the service report, it is apparent that the respondent is evading service. As per the office report dated 04.04.2011, the mother of the respondent has stated that the respondent has been disowned by her. Accordingly, the respondent is proceeded ex parte. 4. In view of the specific assertion by the applicant that she is not the legally-wedded wife of the respondent and the fact that the respondent has been disowned by his mother, as is apparent from the office report, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Vipin Kumar Wadhwa Vs. Seema Wadhwa’ is withdrawn from the Court of learned District Judge, Ludhiana, and is transferred to the Court of competent jurisdiction at Ferozepur. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Ludhiana to the learned District Judge, Ferozepur, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 5. The parties shall appear before the Court of learned District Judge, Ferozepur, through their counsel, on 04.06.2011. 04.05.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No