Jitendra Chauhan, J. - (1.) THIS is an application under Section 24 of the Code of Civil Procedure, for transfer of petition titled as 'Bikramjeet Singh Saini v. Taranjit Kaur', filed by the Respondent under Section 11 of the Hindu Marriage Act (for short 'the Act'), from the Court of learned Additional District Judge, Amritsar, to the Court of competent jurisdiction at S.A.S. Nagar Mohali.
(2.) LEARNED Counsel for the applicant states that applicant was falsely implicated in case FIR No. 52 dated 08.05.2007, under Sections 379 and 494 IPC at Police Station East Division, Amritsar, which was subsequently quashed by this Court vide judgment dated 22.02.2010 in CRM -M -15497 of 2009. Learned Counsel has further submitted that the Respondent had obtained an ex parte decree of divorce under Section 11 of the Hindu Marriage Act against the Petitioner on 01.10.2008 without the knowledge of the Petitioner. After the fact of divorce obtained by the Respondent -husband came to her knowledge, the Petitioner has moved an application under Order 9 Rule 13 Code of Civil Procedure read with Section 151 of the Code of Civil Procedure for setting aside the ex parte decree dated 01.10.2008 which is sought to be transferred from Amritsar to Mohali. Learned Counsel has further submitted that the Respondent while on their honeymoon tried to sell her (applicant) to some unknown persons whereupon she was forced to take shelter in the Gurudwara Sahib, Nasik Road at Nasik. She apprehends that in case she visits Amritsar, she may be implicated in another case. On the other hand, learned Counsel for the Respondent has submitted that the applicant who was in the knowledge of the proceedings under Section 11 of the Hindu Marriage Act, filed written statement and affidavit in the Court. An SLP against the judgment dated 22.02.2010, passed by this Court in CRM -M -15497 of 2009 is pending before the Hon'ble Supreme Court and notice has been issued to the parties.
(3.) I have heard the learned Counsel for the parties.;