TA No.234 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.234 of 2011 Date of decision : 01.06.2011 Rakhi ...Applicant Versus Sunil Mehra ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Vishal Aggarwal, Advocate for Mr. IPS Kohli, 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 ‘Sunil Mehra Vs. Rakhi’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional District Judge, Amritsar, to the Court of competent jurisdiction at Moga. 2. The learned counsel for the applicant submits that the respondent earlier filed petition under Sections 11 and 12 of the Act. On an application moved by the applicant, the same was transferred to the Court of competent jurisdiction at Moga, vide order dated TA No.234 of 2011 2 12.7.2010. Subsequently, the respondent withdrew the same and filed another petition under Section 8 of the Hindu Minority and Guardianship Act, which was again transferred to Moga on the application moved by the applicant. In this third round of litigation, the respondent has filed petition under Section 13 of the Act, which is sought to be transferred by way of the instant application. 3. The learned counsel further contends that petition under Section 125 Cr.P.C. and a criminal case under Section 498A IPC, filed by the applicant, are pending against the respondent at Moga. He contends that the respondent is avoiding appearance in both these petitions and is not paying any maintenance. 4. Despite service, none has caused appearance on behalf of the respondent. Accordingly, the respondent is proceeded against ex parte. 5. I have heard the learned counsel for the applicant and perused the record. 6. Keeping in view the facts that the applicant has been ousted from the matrimonial home and presently residing at Moga, she has been made to suffer litigation repeatedly. The distance between the two stations is about 200 kms. The applicant is also maintaining the child born out of the wedlock between the parties, therefore, I feel that the ends of justice would be fully met in case the present application is allowed. 7. Accordingly, the petition under Section 13 of the Act titled as ‘Sunil Mehra Vs. Rakhi’ is withdrawn from the Court of learned TA No.234 of 2011 3 Additional District Judge, Amritsar, and is transferred to the Court of competent jurisdiction at Moga. I order accordingly. 8. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Amritsar to the learned District Judge, Moga, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Moga. 9. The parties shall appear before the Court of competent jurisdiction at Moga, on 18.07.2011. 01.06.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No