RENU THAKUR Vs. RAMAN THAKUR

JUDGEMENT

(1.) THIS petition under Section 21-A of the Hindu Marriage Act, 1955 read with Section 23 of the Code of Civil Procedure has been filed by the petitioner Ms. Renu Thakur seeking transfer of Hindu Marriage Act Petition No.11 of 2006 filed under Section 13 of the Hindu Marriage Act by the respondent against the petitioner and pending in the Court of District Judge, Una on the ground that an earlier petition, being HMA No. 30 of 29th September, 2004 filed under Section 10 of the Hindu Marriage Act by the petitioner against the respondent is pending in the Court of the learned Additional District Judge, Chandigarh. Sub-section (3) of Section 21-A of the Hindu Marriage Act, 1955 reads thus:-

(2.) THE expression, "the District Court in which the earlier petition is pending" clearly means that the occasion to transfer a subsequent petition filed under Section 10 or Section 13 of the Act to the Court in which the earlier petition filed under any of the aforesaid two provisions would arise only if the earlier petition is pending in a Court. In the present case it is admitted by the learned counsel appearing for the petitioner that the earlier petition filed by the petitioner in the Court of learned Additional District Judge, Chandigarh under Section 10 of the Hindu Marriage Act was dismissed for default of appearance by that Court on 17th March, 2007, even though according to him an application for restoration of that petition already stands filed in that Court and the same is pending disposal there. Irrespective of whether an application for restoration has been filed or not or whether it is pending disposal or not the fact remains that as at present there is no petition either under Section 10 or under Section 13 of the Hindu Marriage Act, 1955 pending in the Court of Additional District Judge, Chandigarh. In this view of the matter, therefore, sub-section (3) of Section 21-A of the Hindu Marriage Act is not attracted in the present case and that being the situation, the present petition filed in this Court for transfer also is not maintainable, the same having become infructuous.

(3.) IN view of the dismissal of the main petition, this application shall also stand dismissed.