T.A.No.68 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.68 of 2008 Date of Decision 20.11.2009 Sakina ........ Petitioner Versus Mohd. Mustafas ........ Respondent CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA Present: Mr.Mohd. Salim, Advocate, for the petitioner. Mr.Surender Garg, Advocate, for the respondent. HEMANT GUPTA, J. (ORAL) The petitioner has sought transfer of proceedings initiated by the respondent under Section 13 of Mohammadan Law, for a decree for restitution of conjugal rights, pending in the Court of learned District Judge, Faridkot. The parties are Mohammadans and marred according to Mohammadan rites at Malerkotla on 12.11.2007. It is the case of the petitioner that she is not possessed of sufficient means to contest the petition at Faridkot and that there is no provision where husband can seek restitution of conjugal rights in Mohammadan Law and, therefore, the petition has been filed just to harass the petitioner. The question whether such a petition is maintainable or not is not required to be decided by this Court at this stage. The petitioner also filed application under Section 125 of the Criminal Procedure Code, for T.A.No.68 of 2008 -2- maintenance which is pending at Malerkotla. Since the petitioner is not possessed of sufficient means to contest the petition filed by the respondent at Faridkot and that petition under Section 125 of the Criminal Procedure Court is pending at Malerkotla, therefore, the petition titled as “Mohd. Mustafa Vs. Sakina”, pending at Faridkot, is ordered to be transferred to the Court of Ms.Pushpa Rani, Judicial Magistrate Ist Class, Malerkotla. Parties through their counsel are directed to appear before the transferee court at Malerkotla on 25.1.2010. November 20, 2009 (HEMANT GUPTA) rishu JUDGE