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2011 DIGILAW 1083 (PNJ)

Baljeet Kaur v. Jarnail Singh

2011-04-20

JITENDRA CHAUHAN

body2011
JUDGMENT JITENDRA CHAUHAN, J. 1. The present application has been filed under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition filed by the respondent under Section 13(1)(a) of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Jarnail Singh Vs. Baljit Kaur’, from the Court of learned Additional District Judge, Patiala, to the Court of competent jurisdiction at Chandigarh. 2. The learned counsel for the applicant contends that the respondent is in fact a resident of Chandigarh. He had earlier filed petition under Section 13(b) of the Act at Chandigarh, in which consent of the application was taken under pressure. Thereafter, the applicant filed an application for withdrawal of her consent from the divorce petition and on the basis thereof, the divorce petition was dismissed as withdrawn vide order dated 02.04.2008 passed by the learned District Judge, Chandigarh. The appeal preferred by the respondent herein against the said judgment was also dismissed by this Court on 14.10.2009. 3. The learned counsel further submits that three petitions - two filed by the applicant and one by the respondent, are already pending adjudication at Chandigarh. The present case has been filed by the respondent with a view to harass and cause inconvenience to the applicant. 4. Despite service, no one has caused appearance on behalf of the respondent. Accordingly, the respondent is proceeded against ex-parte. 5. In view of the fact that three petitions, including the one filed by the respondent, are pending adjudication at the trial Court, Chandigarh, the present application is allowed and the petition under Section 13(1)(a) of the Act titled as ‘Jarnail Singh Vs. Baljit Kaur’ is withdrawn from the Court of learned Additional District Judge, Patiala, and is transferred to the Court of competent jurisdiction at Chandigarh. The trial Court is directed to furnish the case file to the learned District Judge, Chandigarh, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 6. The parties shall appear before the Court of learned District Judge, Chandigarh, on 20.05.2011 at 11.00 a.m.