D.S. Tewatia, J. - (1.) THE petitioner wife has sought the transfer of a case launched against her by her husband in the District Court at Ludhiana under section 9 of the Hindu Marriage Act, hereinafter referred to as the Act, to the Court of the District Judge, Jullundur, where her own petition under section 10 of the Act against her husband stood instituted prior to the petition under section 9 of the Act at the instance of her husband. The transfer is sought on the provisions of section 21 -A of the Act.
(2.) THE provisions of section 21 -A of the Act as such are not directly attracted to the facts of the present case, for the same are applicable only when the petitions pending in different Courts are under the same provisions of the Act and seek the same relief. That, of course, is not the case here, However, the principle underlying the said provisions is nevertheless attracted to the present case as well. The principle, as I understand, is that the two Courts may not reach two different conclusions and, therefore, it is desirable that only one Court should decide both the cases. As to which out of the two Courts should be chosen to do so, preference is indicated for the Court which in point of time was first seize of a similar petition. In the present case also, the danger of the two Courts reaching two different conclusions, one passing a decree of restitution and the other passing a decree of judicial separation, cannot be ruled out. What is more, the defence of the petitioner wife would be common in both the cases. In the circumstances, it is highly desirable, and in the interest of justice, that both the cases are tried by one Court simultaneously. Since the petitioner wife had stolen march over her husband in instituting her petition first in point of time. It would be in the fitness of things that the respondent husband's petition is transferred to the Court where the petitioner -wife's petition under section 10 of the Act is pending. Ordered accordingly.
(3.) THE transferee Court shall proceed with both the petitions in accordance with law.;