AMARJIT SINGH Vs. KAMALJIT KAUR

JUDGEMENT

(1.) The learned counsel for the respondent prays that he may be allowed to withdraw from the proceedings. I order accordingly.

(2.) The husband has moved this application for transfer of the petition under Section 9 of the Hindu Marriage Act (for short the Act) filed by the respondent wife and pending in the Court of Sh. i. N.K. Bansal, Senior Sub judge, Chandigarh to the Court of Shri D.S. Chatha. Additional District Judge, Ludhiana where his petition under Section 13 of the Act is pending adjudication. The wife filed the petition on 15.12.1990 whereas the husband moved the petition on 4.12.1990. The learned counsel for the husband relied upon Smt. Urmila v. Kulwinder Kumar Sharma,1979 81 PunLR 325in support of his submission that the wife's petition was filed after the initiation of the proceedings initiated by the wife to the court where earlier initiated proceedings were pending. The same has no hearing on the facts of the present case. I am not satisfied that the husband is entitled to the discretion of the Court for transfer of the petition fro the Court of Senior Sub Judge, Chandigarh to the Court of Shri D.S. Chatha Additional District Judge, Ludhiana as it will cause Immense hardship to the wife.

(3.) I do not find any justification for the transfer of the petition filed by his wife under Section 9 of the Act in the Court of Sh N.K. Bansal, Senior Sub Judge, Chandigarh to the Court of Shri D.S. Chatha, Additional District Judge, Ludhiana, I suggested to the counsel that the petition filed by his client can be transferred to the Matrimonial Court seized of the wife's petition under Section 9 of the Act but he refused to agree to this course being adopted. The application is without any merit and is dismissed.