IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 153 of 2007 Date of decision : May 08, 2008 Santoshi ..... Petitioner versus Raghunath Mahanti ..... Respondent Present : Mr. Jasjit Singh , Advocate for the petitioner. Mr. Tajinder Bishnoi, Advocate for the respondent. *** S.S. SARON, J. (ORAL) This petition under Section 24 of the Code of Civil Procedure has been filed by the petitioner-wife seeking transfer of the petition (Annexure P-2) titled Raghunath Mahanti v. Santoshi Mahanti filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 (“Act” - for short), from the Court of learned Addl. Civil Judge (Sr. Division), Batala Distt. Gurdaspur to the Court of competent jurisdiction at Ferozepur. Learned counsel for the petitioner has contended that the petitioner-wife is residing at Anand Dham Khust Ashram, Ferozepur as her father is suffering from Leprosy and is admitted there. It is also submitted that two cases initiated by the petitioner are pending at Ferozepur. Besides, the petitioner has a girl-child TA No. 153 of 2007 [2] aged about 1-3/4 years who is residing with her and there is no one to look after her. In response, learned counsel for the respondent has opposed the application and has vehemently submitted that the respondent has to go for two cases to Ferozepur and now, he would have to go for the third case also. It is also submitted that it would be just and expedient that the case is retained at Batala only as the petitioner has refused to join the company of the respondent despite his asking the petitioner to accompany him on many occasions. After giving my thoughtful consideration to the contentions of the learned counsel for the parties, it may be noticed that two cases filed by the petitioner are pending in the Court of Ilaqa Magistrate, Ferozepur. One case is on the basis of an application dated 28.04.2007 filed by the petitioner under Section 125 CrPC for grant of maintenance for herself and her child. The second case is on the basis of a complaint filed by her alleging commission of offences under Sections 406, 498-A and 506 IPC which is pending in the Court of Chief Judicial Magistrate/Ilaqa Magistrate, Ferozepur. Keeping in view the fact that the petitioner is residing at Anand Dham Khust Ashram, Ferozepur and she has a minor daughter aged 1-3/4 years, it would be just and expedient that the case filed by the respondent and pending at Batala is transferred from Batala Distt. Gurdaspur to Ferozepur. The grievance of the respondent that the petitioner would have to go to attend the three cases, which may be on different dates, it may be noticed that the TA No. 153 of 2007 [3] same can be redressed by keeping all the three cases on one date itself and also before one Presiding Officer. Accordingly, the transfer application is allowed. The case (Annexure P-2) titled Raghunath Mahanti v. Santoshi is withdrawn from the Court of learned Additional Civil Judge (Sr. Division) Batala Distt. Gurdaspur and transferred to the District Court under the Act at Ferozepur. The parties through their counsel shall put in appearance before the learned District and Sessions Judge, Ferozepur on 24.08.2008. The learned District and Sessions Judge, Ferozepur shall assign the case to a Court of competent jurisdiction and shall also consolidate the cases under Section 125 CrPC and the complaint under Sections 406, 498-A and 506 IPC before the same Presiding Officer and the same date be given in the cases. (S.S. SARON) JUDGE May 08, 2008 amit