Gurmeet Kaur @ Surinder Kaur v. Sikander Singh

CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. N.G.Sharma, Advocate for the applicant Respondent in person. MAHESH GROVER, J C.M. No.220-CII of 2009 C.M is allowed as prayed for. TA No. 3 of 2009 This is an application under Section 24 CPC for transfer of petition titled as 'Sikander Singh versus Gurmeet Kaur and others' filed under Section 13 of the Hindu Marriage Act 1955, pending in the Court of District Judge, Patiala to a Court of competent jurisdiction at Ludhiana. Respondent is present in person. There is no scope of reconciliation. It has been contended by the learned counsel for the applicant with reference to the averments made in the petition that marriage of the applicant was solemnized with the respondent on 18.2.2001 and a female child was born out of the wedlock. However, the marriage did not work out as the respondent used to ill-treat her. It is her case that she is residing at Ludhiana with her parents and she is without any income and therefore, it is TA No. 3 of 2009 (O&M) 2 very difficult for her to attend to the proceedings which have been initiated under Section 13 of the Hindu Marriage Act and are pending in the Court of District Judge, Patiala. The respondent has not filed his reply. He has not controverted the averments made in the petition. After having heard learned counsel for the applicant and the respondent and also considering the fact that applicant is without any income and is at the mercy of her parents 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 case titled as ' Sikander Singh versus Gurmeet Kaur and others' filed under Section 13 of the Hindu Marriage Act 1955, pending in the Court of District Judge, Patiala 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 20, 2009 (Mahesh Grover) Judge