Deep Beant Bharti v. Ram Lal

CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Vishal Gupta, Advocate for the applicant Mr. A.D.S.Ghuman, Advocate for the respondent MAHESH GROVER, J This is an application under Section 24 CPC for transfer of petition titled as 'Ram Lal versus Deep Beant Bharti' filed under Section 27 of Special Marriage Act read with Section 13 of the Hindu Marriage Act 1955, pending in the Court of District Judge, Fatehgarh Sahib to a Court of competent jurisdiction at Ludhiana. Attempts at reconciliation were made but parties are not ready to settle the matter. Applicant who is present in person has stated that she is old lady of 60 years married to respondent who is a retired IAS officer. This is second marriage of both the parties and the respondent was having seven children from the first marriage. Unfortunately, the marriage did not work out resulting in the proceedings for divorce initiated by the respondent. It has been submitted by the applicant that the proceedings in the petition referred to above be transferred to a competent Court at Ludhiana as she is unable to attend proceedings at Fatehgarh Sahib as she apprehends threat at the hands of the respondent who is an influential TA No. 172 of 2008 2 person in the District where proceedings are pending. Respondent has denied the allegations made against him. After having heard learned counsel for the parties and keeping in view the fact that applicant is an old lady of 60 years and also keeping in view the observations of Hon'ble Apex Court in case titled as 'Sumita Singh versus Kumar Sanjay and another' AIR 2002 SC 396, I am of the considered opinion that the present application deserves to succeed. Accordingly, the proceedings in the case titled as Ram Lal versus Deep Beant Bharti' filed under Section 27 of Special Marriage Act read with Section 13 of the Hindu Marriage Act 1955, pending in the Court of District Judge, Fatehgarh Sahib are transferred to a Court of competent jurisdiction at Ludhiana. The Court at Ludhiana shall issue notice to the parties for appearance after receipt of the case on transfer May 04, 2009 (Mahesh Grover) Judge