Kamal Nain vs Sumit Kumar Kamboj

Hemant Gupta, J.—The petitioner has sought transfer of the petition filed u/s 9 of the Hindu Marriage Act to the competent Court at Chandigarh.

It is the case of the petitioner that out of the wedlock of the petitioner with respondent, two children were born on 1.12.1994 and 12.10.1998. The respondent started raising demand for dowry and a direction was issued by this Court to the Senior Superintendent of Police, Ropar and SHO, Police Station, Sector 71, Mohali to lodge an FIR against the respondent and his mother and brother. It has been further pointed out that the respondent filed a petition u/s 13 of the Hindu Marriage Act, 1955 for dissolution of marriage on the ground of cruelty and dissolution, at Ferozepur but the said petition was withdrawn on 25.1.2005. Soon thereafter, the respondent has filed the present petition u/s 9 of the Hindu Marriage Act.

Keeping in view the undisputed fact that the husband is residing at Mohali which is at a small distance from Chandigarh. Therefore, it is in the interest of justice, if petition, titled as Smt. Kamal Nain v. Sumit Kutnar, u/s 9 of the Hindu Marriage Act pending in the Court of Ms. Sunita Kumari, Civil Judge (Senior Division), Ferozepur is transferred to the learned District Judge, Chandigarh. It shall be open to the learned District Judge to entrust the case to the another Court having competent jurisdiction.

Parties through their Counsel are directed to appear before the learned District Judge, Chandigarh for further proceedings on 4.4.2006.