Satnam Kaur vs Manvinder Pal Jit Singh on 22 July, 2009

T.A. No.20 of 2009                             -1-


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH


                                     T.A. No.20 of 2009.
                                     Decided on July 22, 2009.

Satnam Kaur

                                                             ..Petitioner

                  VERSUS


Manvinder Pal Jit Singh

                                                        ..Respondent

                           ***

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


PRESENT           Mr.R.S.Bains, Advocate,
                  for the petitioner.

                  Mr.V.G.Dogra, Advocate,
                  for the respondent.


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

Parties are present in the Court. At this stage,

there does not appear to be any chance of reconciliation on account

of certain apprehensions in the minds of both the parties.

Heard on merits.

Petitioner-wife seeks the transfer of a petition

under Section 9 of the Hindu Marriage Act, pending in the Court of

Additional Civil Judge (Sr.Divn.), Nakodar, to a Court of competent

jurisdiction at Hoshiarpur, on the ground that she is employed at
T.A. No.20 of 2009 -2-

Tanda, and it will be convenient for her to attend the dates of hearing

at Hoshiarpur.

Counsel for the respondent has contended that a

similar application was filed by the petitioner for transfer when on an

earlier occasion, a petition under Section 9 of the Hindu Marriage

Act, had been filed by the respondent-husband at Nakodar. After

taking into consideration the facts and circumstances, this Court had

transferred the proceedings to Jalandhar. Said proceedings

culminated into a compromise. On account of subsequent events, the

respondent had to file a fresh petition under Section 9 of the Hindu

Marriage Act, at Nakodar. The petitioner present in the Court doubts

the bona fides of the respondent in filing the application under

Section 9 of the Hindu Marriage Act, claiming that the said

proceedings might have been filed, in order to create a defence in

the criminal proceedings initiated by her under Sections 406 & 498-A

IPC.

Without expression of any opinion regarding the

intentions of the respondent, taking into consideration the

convenience of the parties, it is deemed appropriate to transfer the

proceedings under Section 9 of the Hindu Marriage Act, pending at

Nakodar to Hoshiarpur.

File of the case, complete in all respects, be

forwarded by Additional Civil Judge (Sr.Divn.), Nakodar to District

Judge, Hoshiarpur, so that the same may be entrusted to an

appropriate Court for proper adjudication in accordance with law.
T.A. No.20 of 2009 -3-

Parties are directed to appear before the District

Judge, Hoshiarpur, on 22.08.2009, for further proceedings.

Allowed.

(M.M.S.BEDI)
JUDGE
July 22, 2009.

rkarora