High Court of Punjab and Haryana, Chandigarh
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Mrs.Kamal Nain v. Sumit Kumar Kamboj - CM-14028-cii-2005  RD-P&H 1853 (21 March 2006)
C.M. No. 14028-CII of 2005
Date of Decision: March 17, 2006
Mrs.Kamal Nain ...........Petitioner
Sumit Kumar Kamboj ..........Respondent
Coram: Hon'ble Mr.Justice Hemant Gupta
Present: Mr. Arvind Moudgil,Advocate,
for the petitioner,
for the respondent.
HEMANT GUPTA, J. (oral)
The petitioner has sought transfer of the petition filed under Section 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 under Section 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Act,1955 for dissolution of marriage on the ground of cruelty and dissolution, at Ferozepur but the said petition was withdrawn on 25.1.2005.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 under Section 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 vs.Sumit Kumar, under Section 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.
March 17, 2006 Judge
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