Ritu Yadav vs Neeraj Yadav on 4 December, 2009

                          T. A. No. 380 of 2009                               1




IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.


                          Case No. : T. A. No. 380 of 2009
                          Date of Decision : December 04, 2009



             Ritu Yadav                                   ....   Petitioner
                                  Vs.
             Neeraj Yadav                                 ....   Respondent

CORAM : HON’BLE MR. JUSTICE L. N. MITTAL

* * *

Present : Mr. Pradeep Chahar, Advocate
for the petitioner.

Mr. Gaurav Sethi, Advocate
for the respondent.

* * *

L. N. MITTAL, J. (Oral) :

Ritu Yadav has filed this transfer petition under Section 24 of
the Code of Civil Procedure for transfer of petition filed under Section 9 of
the Hindu Marriage Act, 1955 by respondent Neeraj Yadav against the
petitioner, from the Court of learned District Judge, Gurgaon to the court of
competent jurisdiction at Jhajjar.

I have heard learned counsel for the parties and perused the
case file.

Learned counsel for the petitioner contended that petitioner is
resident of Village Patauda, District Jhajjar and her village is 75 kilometers
from Gurgaon and therefore, it is highly inconvenient for her to defend the
aforesaid petition at Gurgaon. It is also submitted by learned counsel for
T. A. No. 380 of 2009 2

the petitioner that respondent’s village is almost equidistant from Jhajjar and
Gurgaon and therefore, it would be equally convenient for the respondent
whether the case is tried at Gurgaon or at Jhajjar. As per judgments of
Hon’ble Supreme Court, convenience of the wife has to be preferred in such
cases. In the instant case, if the case is transferred to Jhajjar, the respondent
would not face any inconvenience as it would be equally convenient for him
to go to Jhajjar or Gurgaon.

In view of the aforesaid, the instant transfer petition is allowed
and petition titled Neeraj Yadav vs. Ritu Yadav filed under Section 9 of
the Hindu Marriage Act, 1955 is withdrawn from the court of learned
District Judge, Gurgaon and is transferred to the court of learned District
Judge, Jhajjar, who shall be at liberty to keep the case with himself or to
assign the same to any Additional District Judge at Jhajjar.

Parties are directed to appear before learned District Judge,
Jhajjar on 08.01.2010.

December 04, 2009                                    ( L. N. MITTAL )
monika                                                      JUDGE