Transfer Application No. 48 of 2009 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 48 of 2009 (O&M) Date of Decision: 30.10.2009 Puja Gawri ....Petitioner Versus Amit Gawri .......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 Amit Jain, 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 District Judge, Chandigarh, to the Court of competent jurisdiction at Ludhiana. It is the case of the petitioner that the marriage between the parties was solemnised on 01.12.2001. Out of the said wedlock two children, aged 6 and 2-1/2 years respectively, were born. It is pointed out that the respondent started abusing and maltreating the petitioner, causing mental tension and torture to her. The respondent and his family members were instrumental in forcibly terminating the Transfer Application No. 48 of 2009 (O&M) [2] pregnancy of the petitioner on 29.9.2008. Besides, the petitioner was also maltreated for bringing insufficient dowry. The petitioner along with her minor son, has been residing with her parents since 19.11.2008, at Ludhiana. The petitioner has pointed out that when she contacted the respondent on telephone regarding the removal of her belongings from a flat at Panchkula, she was threatened by the respondent with dire consequences, in case the petitioner visited Chandigarh to defend the petition. None has put in appearance on behalf of the respondent nor any reply has been filed to controvert the allegations contained in the petition. Keeping in view the uncontroverted allegations contained in the present petition, the petition under Section 13 of the Act, pending in the Court of learned District Judge, Chandigarh, is ordered to be transferred to the Court of learned District Judge, Ludhiana. It shall be open to the learned District Judge, to entrust the petition to any other Court of competent jurisdiction. Parties, through their counsel, are directed to appear before the transferee Court, on 25.11.2009, for further proceedings, in accordance with law. [ HEMANT GUPTA ] JUDGE 30-10-2009 ds