Nisha @ Isha vs Ashish Malhotra on 14 July, 2009

T.A. No. 80 of 2009                                                  [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                               CHANDIGARH.

                                T.A. No. 80 of 2009

                                Date of Decision: July 14, 2009



Nisha @ Isha

                                      .....Petitioner

            Vs.

Ashish Malhotra

                                      .....Respondent


CORAM:      HON'BLE MR. JUSTICE M.M.S. BEDI.

                         -.-

Present:-   Mr. Vinod Khunger, Advocate
            for the petitioner.

                   -.-



M.M.S. BEDI, J. (ORAL)

This order will dispose of an application under Section 24 of

the CPC for transfer of a petition under Section 9 of the Hindu Marriage Act

pending in the Court of Sh.K.S. Cheema, Civil Judge (Senior Division),

Patiala to a Court of competent jurisdiction at Ferozepur on the ground that

it will be inconvenient for the petitioner- wife to travel all the way from

Ferozepur to Patiala to contest the petition. A petition under Section 125
T.A. No. 80 of 2009 [2]

Cr.P.C. filed by the petitioner is stated to be pending at Ferozepur. The

husband- respondent has already appeared in the said proceedings.

Pursuant to the notice issued to the respondent- husband, he

has opted not to put in appearance. Though a direction was given on March

20, 2009 directing the parties to appear in the Court but the parties opted not

to appear in the Court. The respondent is proceeded against ex-parte. Since

the husband is already appearing in proceedings for maintenance initiated

by petitioner-wife at Ferozepur, taking into consideration the comparative

convenience of parties, petition under Section 9 of the Hindu Marriage Act

(for short ‘the Act’), filed by respondent- Ashish Malhotra, pending in the

Court of Sh.K.S. Cheema, Civil Judge (Senior Division), Patiala, is ordered

to be transferred to Ferozepur in the Court of Civil Judge (Senior Division).

It will be open to the Civil Judge (Senior Division), Ferozepur to entrust the

case to any other judicial officer. If possible, the matter may be sent to the

court of the Magistrate who is exercising the powers under Section 125

Cr.P.C. at Ferozepur in a petition under Section 125 Cr.P.C. filed by the

petitioner-wife.

Disposed of.

File complete in all respects be sent from Patiala to Ferozepur.

Parties are directed to appear in the transferee Court on August 1, 2009.

Since the respondent is ex-parte, the next date of hearing at Ferozepur i.e.

August 1, 2009 will be intimated to the petitioner by the Court concerned.

Copy of the order be sent to the Court of Civil Judge (Senior Division),

Patiala.

 T.A. No. 80 of 2009                  [3]




July 14, 2009         (M.M.S.BEDI)
 sanjay                 JUDGE