IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.294 of 2009 (O&M) Date of decision:26.07.2010 Poonam Kumari ....Petitioner versus Rakesh Kumar ...Respondent CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Manish Prabhakar, Advocate, for the petitioner. None for the respondent. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J. (Oral) 1. The application is for transfer of matrimonial proceedings from Ambala to Amritsar. The application is moved at the instance of the wife claiming that the distance is formidable and she being single cannot undertake the long journey of more than 300 kilometers for every hearing. The husband, on the other hand, is well provided and he will have no difficulty in coming to the Court to attend the hearing of the case if the case is transferred. 2. It is contended by the counsel for the respondent that he was earning only Rs.1,500/- and he cannot undertake the expenses of travelling to Amritsar for every hearing. It was also his contention that he has a mentally retarded sister, who has to be taken care of. 3. At the time when the matter is called, there is no appearance TA No.294 of 2009 (O&M) - 2 - on behalf of the respondent but the learned counsel appearing on behalf of the petitioner counters the statement made by the counsel on behalf of the respondent at the previous hearing by saying that the husband is running a canteen and is also a TV cable operator, earning a decent living by income from his private business. As regards the contention that his sister is mentally retarded, it is stated that there is a video game shop set up in the name of his sister. There is yet another elder brother to the husband to take care of sister. According to him, each one of the contentions to resist the plea for transfer is therefore fallacious. 4. Having regard to the extreme hardship pleaded by the wife and the relative, inconvenience for wife and husband, I am of the view that no serious prejudice will be caused if the proceedings are transferred from the Court of Ambala to the Court at Amritsar. I direct that the case which is now pending before the District Court at Ambala under the title as 'Rakesh Kumar Versus Poonam Kumari' is withdrawn and transferred to the District Court at Amritsar. Counsel for the petitioner also states that there is already a proceeding under Section 125 CrPC pending in the Magistrate's Court at Amritsar. It shall therefore become possible for the respondent to organize the dates of hearing in such a way that the hearing of both the cases would be synchronized and both the cases will be taken up on the same day. 5. Parties are directed to appear before the District Court at Amritsar on 27.08.2010. (K.KANNAN) JUDGE 26.07.2010 sanjeev