T.A.No.322 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
T.A.No.322 of 2009
Date of Decision : 17.11.2009
Harjinder Kaur ...Petitioner
Versus
Sukhwinder Singh ...Respondent
CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA
Present: Mr. Jatinder Nagpal, Advocate,
for the petitioner.
Mr. Ramesh Sharma, Advocate,
for the respondent.
HEMANT GUPTA, J. (ORAL)
The petitioner has sought transfer of petition filed by the
respondent-husband under Section 9 of the Hindu Marriage Act, 1955
(for short ‘the Act’), now pending in the Court of Addl. Civil Judge
(Senior Division), Jagraon.
Marriage between the parties was solemnized on 22.8.2007 as
per Sikh rites. A daughter was born out of this wedlock on 28.12.2008,
which is being maintained by the petitioner. The petitioner has alleged
that the respondent has maltreated the petitioner on account of
insufficient dowry at the time of marriage. It is also alleged that the
respondent and his family members have raised the demand of dowry
even after the marriage.
The petitioner has sought transfer of the petition under Section
9 of the Act on the ground that she cannot leave the minor daughter with
her parents and it is difficult for her to attend the proceedings at Jagraon
T.A.No.322 of 2009 2
with a child of less than one year. She has no source of income as well.
In view of the fact that the marriage between the parties was
solemnized at Patiala and the petitioner is residing at Patiala with a small
female child of less than one year, it will be appropriate, if the petition
under Section 9 of the Act titled “Sukhwinder Singh Vs. Harjinder Kaur”
pending in the Court of Addl. Civil Judge (Senior Division), Jagraon is
transferred to the Court of learned District Judge, Patiala. It shall be open
to the learned District Judge, Patiala, to entrust the petition to any other
Court of competent jurisdiction.
Parties through their counsel are directed to appear before the
transferee Court on 18.12.2009 for further proceedings.
17.11.2009 (HEMANT GUPTA) Vimal JUDGE