IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5621 OF 2008 (Arising out of S.L.P. (C) No.8372 of 2006)

Harmit Kaur        ...Appellant(s)

Versus

Jarnail Singh       ...Respondent(s)

O  R  D  E  R

Leave granted.

We have perused the records.

By the impugned order, High Court rejected the prayer for transfer of

petition under Section 13 of the Hindu Marriage Act, 1955.  In our view, the court

was not justified in refusing the prayer.  In the facts and circumstances of the case,

Case No.35 of 2005, titled as Jarnail Singh vs. Harmit Kaur, pending in the court of

District Judge, Ropar, is transfer to the District Judge, Ludhiana, who shall either try

the case himself  or make over the same for trial  to any other court of  competent

jurisdiction.

The civil appeal is, accordingly, allowed.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, September 11, 2008.