Punjab-Haryana High Court
Jatinder Kaur vs Manpreet Singh on 25 November, 2009
Author: Hemant Gupta
Bench: Hemant Gupta
T.A. No. 263 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
T.A. No. 263 of 2009
Date of decision: 25-11-2009
Jatinder Kaur Versus Manpreet Singh
CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA
Present: Shri Narinder Lucky, Advocate, for the petitioner
Shri Amit Kumar, Advocate, for the respondent
HEMANT GUPTA, J.
The petitioner has sought transfer of petition under Section 13 of the Hindu Marriage Act, 1955( for short the Act) filed by the respondent and pending in the court of District Judge Patiala to the court of competent jurisdiction at Barnala.
It is not disputed that a petition under Section 9 of the Act instituted by the petitioner earlier in point of time is pending before the court of competent jurisdiction at Barnala.
In terms of Section 21-A of the Act, all proceedings under the Act have to be tried by the same court, therefore the petition under Section 13 of the Act filed by the respondent has to be tried by the same court which is seized of earlier proceedings under Section 9 of the Act.
In view of the above, petition filed under Section 13 of the Act filed by the respondent and pending in the court of District Judge, Patiala is transferred to court of First Additional District Judge, Barnala. It T.A. No. 263 of 2009 2 shall be open to the learned First Additional District Judge, Barnala to entrust the petition to any other court of competent jurisdiction. The petition under Section 9 of the Act shall also be entrusted to same court which shall be entrusted with the proceedings under Section 13 of the Act.
Parties through counsel are directed to appear before First Additional District Judge, Barnala on 21.12.2009.
This petition stands disposed of.
(HEMANT GUPTA) JUDGE November 25, 2009 RSK