TA No.493 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.493 of 2010 Date of decision : 18.03.2011 Abha ...Applicant Versus Amit Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Vijay Lath, Advocate, for the applicant. Mr. Parveen Kataria, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. Smt. Abha, the applicant-wife has preferred the instant application under Section 24 of the Code of Civil Procedure, seeking transfer of the petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Amit Kumar Vs. Abha’, from the Court of learned Additional District Judge, Amritsar, to the Court of competent jurisdiction at Hoshiarpur. 2. I have heard learned counsel for the parties and perused the record. 3. The applicant is presently residing at Tehsil Nadaun, TA No.493 of 2010 2 District Hamirpur, Himachal Pradesh. The petition under Section 13 has been filed by the respondent-husband at Amritsar which is at a diatance of about 170 kms. 4. The admitted facts of the case in hand are that the family of the applicant constitutes her widowed mother, who is more than 80 years of age and the brother, who suffers from Polio. The applicant is also saddled with the responsibility of raising the minor child born out of the wedlock between the parties. 5. In the circumstances, it would certainly be difficult for the wife alone to take up the journey of more than 170 kms. The prayer has been made that in case the petition under Section 13 of the Act is shifted to Hoshiarpur, the distance would be reduced considerably and the applicant-wife would be able to defend her case. 6. There is no dispute that in the matter of transfer of matrimonial proceedings initiated by the husband against the wife, it is the convenience of the wife that must be looked into. 7. Accordingly, keeping the composition of the family of the applicant and the distance between the two places in view, the present application is allowed. The petition under Section 13 of the Act titled as ‘Amit Kumar Vs. Abha’ is withdrawn from the Court of learned Additional District Judge, Amritsar, and is transferred to the Court of competent jurisdiction at Hoshiarpur. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Amritsar to the learned District Judge, Hoshiarpur, within three weeks, who will either himself dispose it of or entrust it to TA No.493 of 2010 3 any other Court of competent jurisdiction. 8. The parties shall appear before the Court of learned District Judge, Hoshiarpur, on 28.04.2011 at 11.00 a.m. 18.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No