High Court of Punjab and HaryanaTA/81/2016disposed of

Sonia Verma v. Rajan Verma

2016-02-27Mr. Justice S.C. Datta3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 27.02.2016 Sonia Verma ....Applicant

Versus

Rajan Verma ....Respondent CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH DHALIWAL 1) Whether Reporters of the local papers may be allowed to see the judgment ?

2) To be referred to the Reporters or not ?

3) Whether the judgment should be reported in the Digest ? Present: - Mr. S.S. Brar, Advocate, for the applicant. PARAMJEET SINGH DHALIWAL, J. (ORAL) Instant application under Section 24 of the Code of Civil Procedure has been filed seeking transfer of petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by respondenthusband from the Court at Ludhiana to the Court of competent jurisdiction at Shaheed Bhagat Singh Nagar.

I have heard learned counsel for the applicant and perused the record.

Learned counsel for the applicant contended that respondent has filed a petition under Section 13 of the Act, which is pending in the Court of learned District Judge, Ludhiana. Now applicant is residing with her parents at Shaheed Bhagat Singh Nagar. It is further contended that between the parties, application under Section 125 Cr.P.C. is pending at Shaheed Bhagat Singh Nagar. Learned counsel for the

-2applicant relied upon the judgment of Hon'ble Supreme Court in Deepti Bhandari v. Nitin Bhandari and another, 2012(1)R.C.R.(Civil) 506 and contended that it would be easier for the respondent-husband to attend the proceedings at Shaheed Bhagat Singh Nagar than for the applicant to attend the same Ludhiana. Therefore, the case under Section 13 of the Act may be transferred to Shaheed Bhagat Singh Nagar. Despite service, nobody has put in appearance on behalf of the respondent.

I have considered the contentions raised by learned counsel for the applicant.

In view of the submissions made by learned counsel for the applicant, the circumstances mentioned in the petition, keeping in view the decision of the Hon'ble Supreme Court in Deepti Bhandari v. Nitin Bhandari and another, 2012(1)R.C.R.(Civil) 506 and having regard to the nature of the dispute involved in both the cases, it is highly expedient that the cases are heard by the same Court. It will not only be convenient for the applicant but also be in the interest of the respondent as well that all proceedings are tried at one place as he will not be required to appear at different places on different dates. Accordingly, petition under Section 13 of the Act pending in the Court of learned District Judge, Ludhiana, is ordered to be withdrawn and transferred to learned District Judge, Shaheed Bhagat Singh Nagar, who may assign the same to the court of competent jurisdiction there. Learned District Judge, Ludhiana shall ensure that entire record of the case is sent to

-3learned District Judge, Shaheed Bhagat Singh Nagar. Councerned Court shall informed the respondent regarding transfer of the petition. The parties are directed to appear before learned District Judge, Shaheed Bhagat Singh Nagar on 21.03.2016.

Disposed of.

(Paramjeet Singh Dhaliwal) Judge February 27, 2016 R.S.