TA No. 457 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 457 of 2008 (O&M) Date of decision:- 12.7.2010 Rakhi ......petitioner vs. Sunil Mehra ......respondents. CORAM:- HON'BLE MR. JUSTICE K.KANNAN Present: - Mr. I.P.S. Kohli, Advocate for the petitioner. Mr. Vikram Chaudhary, Advocate for respondent ......... K.KANNAN, J ....... The application is for transfer of proceedings pending before the District Court at Amritsar which has been filed at the instance of the husband for annulment of the marriage. The contention of the wife-petitioner was that the petition itself was a counter blast to the petition filed by her claiming maintenance before the Magistrate's Court at Moga under Section 125 Cr. P.C. Marriage admittedly took place on 25.7.2005 at Moga and the petition for annulment of marriage was filed on 3.11.2008 i.e. more than 3 years after the marriage. It is also admitted that the petitioner gave birth to a child subsequent to the marriage. TA No. 457 of 2008 -2- The place of residence of the petitioner is at Moga where proceedings for maintenance have already been initiated for maintenance. The continuance of proceedings at Amritsar seems to be a response to the action taken by the wife. This is not so much to discredit the contents of the case filed by the husband but it is definitely a circumstance that is relevant for considering the issue on transfer. It is represented that Amritsar is more than 200 kms from Moga and the petitioner claims extreme hardship by the fact that she has a child and she cannot handle the case easily at Amritsar. Having regard to the fact that this case for dissolution of marriage has come about subsequent to the wife's claim for maintenance and in the light of the hardship expressed by the petitioner, I am of the view that it will be just and proper that the proceedings pending at Amritsar is transferred to District Court at Moga. Disposed of. The matrimonial case pending before the District Court at Amritsar under the title Sunil Mehra vs. Rakhi is withdrawn and transferred to District Court at Moga for disposal. The parties are directed to appear before the District Court at Moga. (K.KANNAN) JUDGE 12.7.2010 preeti