Seema vs Vipin Kumar on 4 May, 2011

 TA No.90 of 2011                                     1

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH


                                                      TA No.90 of 2011

                                           Date of decision : 04.05.2011

Seema
                                                          ...Applicant

                                 Versus

Vipin Kumar

                                                          ...Respondent

CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

Present:     Mr. Jasjit Singh, Advocate
             for the applicant.

             Respondent ex parte.


JITENDRA CHAUHAN, J. (Oral)

1. The present application has been preferred by the applicant-

wife under Section 24 of the Code of Civil Procedure, praying for the

transfer of the petition titled as ‘Vipin Kumar Wadhwa Vs. Seema

Wadhwa’, filed by the respondent under Section 9 of the Hindu

Marriage Act, 1955 (for short `the Act’), from the Court of learned

District Judge, Ludhiana, to the Court of competent jurisdiction at

Ferozepur.

2. Learned counsel for the applicant contends that the

applicant never married the respondent. The petition under Section 9

of the Act has been initiated by the respondent only with a view to

tarnish the image of the applicant and to cause embarrassment to the
TA No.90 of 2011 2

family of the applicant.

3. Notice of the application was issued to the respondent on

24.02.2011. From the perusal of the service report, it is apparent that

the respondent is evading service. As per the office report dated

04.04.2011, the mother of the respondent has stated that the respondent

has been disowned by her. Accordingly, the respondent is proceeded

ex parte.

4. In view of the specific assertion by the applicant that she is

not the legally-wedded wife of the respondent and the fact that the

respondent has been disowned by his mother, as is apparent from the

office report, the instant transfer application is allowed and the petition

under Section 9 of the Act titled as ‘Vipin Kumar Wadhwa Vs. Seema

Wadhwa’ is withdrawn from the Court of learned District Judge,

Ludhiana, and is transferred to the Court of competent jurisdiction at

Ferozepur. The entire record pertaining to the petition under Section 9

of the Act shall be sent by the trial Court at Ludhiana to the learned

District Judge, Ferozepur, within three weeks, who will either himself

dispose it of or entrust it to any other Court of competent jurisdiction.

5. The parties shall appear before the Court of learned District

Judge, Ferozepur, through their counsel, on 04.06.2011.

04.05.2011                                        (JITENDRA CHAUHAN)
atulsethi                                               JUDGE

Note : Whether to be referred to Reporter ? Yes / No