IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Transfer Application No. 233 of 2009 (O&M)
Date of decision : December 10, 2009
Sandhya
....Petitioner
versus
Vijay Kumar
....Respondent
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. RP Dhir, Advocate, for the petitioner
Mr. AS Jattana, Advocate, for the respondent
L.N. Mittal, J. (Oral)
CM No. 28650.CI of 2009
The application is allowed and reply on behalf of respondent is
taken on record subject to all just exceptions.
Transfer Application No. 233 of 2009
Sandhya has filed this transfer petition under section 24 of the
Code of Civil Procedure for transfer of divorce petition filed by Vijay
Kumar against the petitioner, from the court of Mr. Munish Singal, learned
Additional District Judge, Ludhiana to court of competent jurisdiction at
Hoshiarpur, alleging that the petitioner is resident of village Mailly, District
Hoshiarpur and distance between Hoshiarpur and Ludhiana is 110
kilometers and both parents of the petitioner have already died.
Learned counsel for the respondent contended that petitioner’s
village Mailly is at a distance of 30 kilometers from Nawanshahar and 50
Transfer Application No. 233 of 2009 (O&M) -2-
kilometers from Hoshiarpur and therefore, if at all the divorce petition is to
be transferred, the same be transferred to Nawanshahar. The contention has
been opposed by learned counsel for the petitioner by submitting that
village Mailly is 20 kilometers from Hoshiarpur and is on other side and not
towards Ludhiana.
In such cases, convenience of the wife has to be preferred as
per judgments of the Hon’ble Apex Court. In the instant case, it is un-
disputed that both the parents of the petitioner had expired. It is, therefore,
highly inconvenient for the petitioner to defend the divorce petition at
Ludhiana at such a long distance.
In view of the aforesaid, the instant transfer petition is allowed
and divorce petition titled “Vijay Kumar versus Sandhya” is withdrawn
from the court of Mr. Munish Singal, Additional District Judge, Ludhiana
and is transferred to the court of learned District Judge, Hoshiarpur who
shall be at liberty to keep the case with himself or to assign the same to any
Additional District Judge at Hoshiarpur.
Parties are directed to appear before the learned District Judge,
Hoshiarpur on 20.1.2010.
( L.N. Mittal )
December 10, 2009 Judge
'dalbir'