HARJEET KAUR Vs. DALJEET SINGH

JUDGEMENT

(1.) THE present petition has been filed under Section 24 of the Code of Civil Procedure for transfer of petition tilted as "Daljeet Singh v. Harjeet Kaur" filed under Section 9 of the Hindu Marriage Act, pending adjudication before learned Additional Civil Judge (Senior Division) Guhla, to the Court of competent jurisdiction at Ambala. Learned counsel for the petitioner/wife contends that the petitioner/wife has to maintain two minor children and there is no adult member in her family to accompany her from Ambala to Guhla for defending her case. He further contends that a petition under Section 125, Cr.P.C., and a case arising out of the Protection of Women from Domestic Violence Act, 2005, filed by the petitioner/wife are pending adjudication before the courts at Ambala and as such, it would be appropriate that all the cases pending between the same parties are tried by the courts at one station.

(2.) IN spite of service, no one has proposed to appear on behalf of the respondent.

(3.) IN the matter of Sumita Singh v. Kumar Sanjay & another, : AIR 2002 SC 396 Hon'ble the Supreme Court while dealing with the petition under Section 24, CPC, for transfer of a matrimonial case held that "it is the wife's convenience that must be looked at". In Jitender Kaur v. Manpreet Singh, Transfer Application No. 263 of 2009, decided on 25.11.2009, by a Co -ordinate Bench of this Court held that in terms of Section 21 -A of the Hindu Marriage Act, all proceedings under the Hindu Marriage Act have to be tried by the same Court, therefore, a petition under Section 13 of the Hindu Marriage Act filed by the respondent has to be tried by the same court which is seized of earlier proceedings under Section 9 of the Act.