Two transfer petitions are before us, one of
which is interse husband and wife preferred under
Article 139A(2) of the Constitution of India read with
Section 25 of the Code of Civil Procedure seeking
transfer of Marriage Petition No. 156 of 2007 titled
Sukhminder Jeet Singh v. Smt. Tarinder Kaur pending
before the Court of Civil Judge, Senior Division, Pune at Pune to theCourt of District Judge, Hoshiarpur,
Punjab and the other transfer petition has been filed
by Sukhminder Jeet Singh and others seeking transfer of
Crime Case No. 63 titled State v. Sukhminder Jeet Singh
& Ors. which has been preferred by the State under
Section 498A, 406, 313 and 120B IPC pending in the
Court of Additional District & Sessions Judge,
Hoshiarpur, Punjab to Pune, Maharashtra.
After hearing the learned counsel for the
parties, we direct that the Marriage Petition No. 156
of 2007 titled Sukhminder Jeet Singh v. Smt. Tarinder
Kaur pending before the Court of Civil Judge, Senior
Division, Pune at Pune and Crime Case No. 63 titled
State v. Sukhminder Jeet Singh & Ors. pending in the
Court of Additional District & Sessions Judge,
Hoshiarpur, Punjab be transferred to a competent court
in Delhi. The parties shall appear before the District
Judge, Delhi on 10th May, 2010 who shall either try the
cases himself or transfer both the matters to be heard
together if legally permissibleto a court of competent
jurisdiction.
We also direct that the respondent Sukhminder
Jeet Singh- husband shall pay a sum of Rs. 25,000/- to
the wife-Tarinder Kaur before the next date of hearing as maintenance. In case of failure to do so his
application under Section 9 of the Hindu Marriage Act
will be deemed to be dismissed.
The petitions are disposed of accordingly.