SHIKHA Vs. SANJAY KUMAR

JUDGEMENT

(1.) THE present is the petition for transfer of the petition under Section 13 of the Hindu Marriage Act, 1955 ( for short `the Act') filed by the respondent and pending in the Court of Shri A.K. Verma, learned Additional District Judge, Ambala. As per the averments made by the petitioner, the marriage between the parties was solemnised on 20.4.1998 at Panchkula and the respondent is a Lt. Col. In the Indian Army. One child out of the said wedlock was born on 29.6.1999 in PGI at Chandigarh. THE petitioner has filed a complaint before the learned Chief Judicial Magistrate, Panchkula on the grounds of alleged demand of dowry, whereas the respondent has filed a petition as a counter blast for dissolution of marriage at Ambala Cantt. It is pointed out that the respondent has filed a petition for the custody of the minor child, which is pending in the Court of Civil Judge (Senior Division) Panchkula.

(2.) THE petitioner has sought the transfer of the petition on the ground that two cases between the parties are pending at Panchkula and the transfer of the petition for dissolution of marriage to Panchkula will facilitate the conduct of the proceedings. It is also pointed out that since the petitioner is posted at Pathankot, it is immaterial for the respondent whether the petition is tried at Panchkula or Ambala. After going through the averments made in the petition and keeping in view the fact that the petition for the custody of the child is already pending in the Court of Civil Judge (Senior Division) Panchkula and the fact that the proceedings for the offences under Sections 406 and 498-A etc. is pending before the Court of Chief Judicial Magistrate, Panchkula, I deem it appropriate to transfer the petition for dissolution of marriage pending in the Court of Shri A.K. Verma, learned Additional District Judge, Ambala to the Court of the learned District Judge, Panchkula. It shall be open to the learned District Judge Panchkula to entrust the case to any other Court of competent jurisdiction. Parties are directed to appear before the learned District Judge, Panchkula on 14.5.2007, for further proceedings in accordance with law.