IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. TA No. 449 of 2008 Date of decision: November 29, 2010. Ekta …. Petitioner. Versus Rakesh Kumar ….Respondent. **** CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA. Present: Mr. Deepak Arora, Advocate, for the petitioner. Mr. G.S. Jaswal, Advocate, for the respondent. HEMANT GUPTA, J. The petitioner has sought transfer of proceedings initiated by the respondent under Section 13-A of the Hindu Marriage Act, 1955 for dissolution of marriage, pending in the court of the Additional District Judge, Ludhiana. It is averred that the marriage between the parties was solemnized on 02.10.2006 at Jalandhar and that a male child was born on 20.09.2007, who is being brought up by the present petitioner. The petitioner has also initiated proceedings under Section 125 of the Cr.P.C. for maintenance, which are pending before the competent court at Jalandhar. The petitioner has sought transfer of the matrimonial proceedings for dissolution of the marriage to Jalandhar, keeping in view the fact that she has a small child to maintain and that she does not possess sufficient means to prosecute the petition for dissolution of marriage at Ludhiana. TA No. 449 of 2008 -2- Keeping in view the fact that the child, born out of the wedlock of the parties is three years old, requires care of the petitioner and that petitioner has already initiated proceedings under Section 125 of the Cr.P.C., therefore, it shall be in the interest of the parties that proceedings inter parties are conducted at the same place. The respondent in any case is to defend him at Jalandhar. Learned counsel for the respondent pointed out that the respondent is ready and willing to take the petitioner alongwith him, for which, mediation and conciliation proceedings can be initiated. Transfer of proceedings to the courts at Jalandhar does not negate the attempt of the parties to settle the dispute vide mediation. It shall be open to the parties to take recourse to the process of mediation at Jalandhar itself. In view of the said fact, I deem it proper to transfer the proceedings under Section 13-A of the Hindu Marriage Act, 1955 to the court of the learned District Judge, Jalandhar. It shall be open to the learned District Judge, Jalandhar, to entrust the petition to any other court of competent jurisdiction. The learned trial court shall make efforts to fix the same date as is being given in proceedings under Section 125 of the Cr.P.C., to avoid multiple hearings required to be attended by the parties. Parties to appear before the learned District Judge, Jalandhar, on 10.1.2011. Petition allowed. (HEMANT GUPTA) 29.11.2010 JUDGE aj