IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.34 of 2008 Date of Decision: 31.10.2008 Monica .... Applicant vs. Rakesh Sharma .... Respondent Coram: Hon'ble Mr. Justice Rajive Bhalla. Present: Mr. P.K. Kukreja, Advocate for the applicant. Rajive Bhalla, J, (Oral) Prayer in this application is to transfer a case titled as “Rakesh Sharma vs. Monica”, filed under Section 9 of the Hindu Marriage Act, 1955, pending before the Additional Civil Judge (Senior Division)-cum-Sub Divisional Judicial Magistrate, Batala, to a court of competent jurisdiction at Chandigarh. Counsel for the applicant submits that the applicant was turned out of the matrimonial home by alleging that she is barren. She was harassed, humiliated and subjected to mental and physical abuse while at Batala. The applicant thereafter filed an application under Section 125 of the Criminal Procedure Code at Chandigarh and lodged an FIR under Section 406, 498-A of the Indian Penal Code, which is pending before the Judicial Magistrate Ist Class, Chandigarh. It is further submitted that Batala is at a distance of more than 250 kilometres from Chandigarh. The applicant who has no means or support whether monetary or otherwise, fears that in case she travels to Batala, she would be harassed, humiliated, physically assaulted or coerced into accepting the claim put forth by the respondent. As per the report submitted by the Registry, the respondent is evading service and is, therefore, proceeded against ex parte. TA No.34 of 2008 -2- In view of the averments in the application for transfer and the arguments addressed by the counsel for the applicant, I am satisfied that the petition filed under Section 9 of the Hindu Marriage Act, 1955, at Batala, be transferred to Chandigarh. In view of the what has been stated hereinbefore, the transfer application is allowed. The petition filed under Section 9 of the Hindu Marriage Act, 1955, titled as “Rakesh Sharma vs. Monica” pending in the court of Additional Civil Judge (Senior Division)-cum-Sub Divisional Judicial Magistrate, Batala, is transferred to the court of District and Sessions Judge, Chandigarh. The Additional Civil Judge (Senior Division)-cum-Sub Divisional Judicial Magistrate, Batala, shall forthwith forward the file of the aforesaid case to the District and Sessions Judge, Chandigarh, who shall, upon receipt of the case either deal with the matter himself or assign it to any other court of competent jurisdiction. Parties are directed to appear before the District and Sessions Judge, Chandigarh, on 25.11.2008. 31.10.2008 (Rajive Bhalla) sk Judge