Neelam Rani vs Surinder Kumar

J.V. Gupta, J.—This is an application for transfer of a petition u/s 9 of the Hindu Marriage Act filed by Surinder Kumar respondent-husband against his wife Neelam Rani petitioner in the Court of Additional District Judge, Sirsa. Marriage took place on 14-10-1987 at Kurukshetra. The wife filed a petition u/s 13 of the Hindu Marriage Act for a decree of divorce against her husband on 16-11-1988 and the same is pending in the Court of Additional District Judge, Kurukshetra. Thereafter the husband filed a petition u/s 9 of the Act in the Court of Additional District Judge, Sirsa. In the circumstances, it has been prayed that the petition u/s 9 filed by the husband at Sirsa be transferred to the Court of Addl. District Judge, Kurukshetra so that both the petitions be tried together. No one is present on behalf of the respondent in spite of service. In view of the averments made in the petition, it is a fit case where the petition filed by the husband u/s 9 of the Act pending in the Court .of Addl. District Judge, Sirsa should be transferred to the Court of Addl. District Judge, Kurukshetra where a petition u/s 13 of the Act between the parties is pending. Consequently, this application succeeds and it is directed that the petition u/s 9 of the Hindu Marriage Act titled as ''Surinder Kumar v. Neelam Rani'' pending the Court of Shri S.D. Arora, Additional District Judge, Sirsa be transferred to the Court of Additional District Judge, Kurukshetra, where a petition u/s 13 of the Act between the parties titled as Neelam Rani v. Surinder Kumar is pending.