T.A.No.69 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.69 of 2008 Decided on August 13, 2009. Smt.Ritu @ Anjali .. Petitioner VERSUS Yogesh Malhotra. .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.Parminder P.Sharma, Advocate, for the petitioner. Mr.Ramesh Goyal, Advocate, for the respondent. M.M.S. BEDI, J. (ORAL) The petitioner is wife of respondent. The respondent has filed an application under Section 9 of the Hindu Marriage act, for restitution of conjugal rights, at Chandigarh. Through the instant petition under Section 24 CPC, the petitioner seeks the transfer of the proceedings under Section 9 of the Hindu Marriage Act, filed by her husband-respondent to Sunam, on the ground that it is not safe for her to come to Chandigarh, to attend the hearings and that she has filed a petition under Section 125 Cr.P.C., at Sunam, and the . . . 1 T.A.No.69 of 2008 respondent in any case has to appear in the proceedings under Section 125 Cr.P.C. Counsel for the respondent has opposed the application for transfer, inter alia, on the ground that there is a threat to his life in case he goes to Sunam from Chandigarh, which assertion has been denied by the counsel for the petitioner. While deciding the application for transfer, the convenience of both the parties is to be taken into consideration by the Court. In the present case, it has been informed that the application under Section 125 Cr.P.C., had been filed by the petitioner after the respondent had initiated proceedings under Section 9 of the Hindu Marriage Act. On asking of the Court, counsel for the respondent has, in order to substantiate his bona fide offer, agreed to pay for the travelling charges on each date of hearing to enable the petitioner to attend the proceedings. After considering the comparative convenience of both the parties, it is deemed appropriate, in the interest of justice, to transfer the application under Section 9 of the Hindu Marriage Act, from Chandigarh to Patiala, instead of transferring the same from Chandigarh to Sunam, as Patiala is approximately 90 kilometers from Chandigarh and 70 kilometers from Sunam. The respondent will pay a sum of Rs.1,000/- on each date of hearing to the petitioner as and when she puts in appearance before the Court at Patiala. The said amount of Rs.1,000/- will be paid in the presence of the Presiding . . . 2 T.A.No.69 of 2008 Officer. The petition is allowed. The application under Section 9 of the Hindu Marriage Act, titled 'Yogesh Malhotra Vs.Smt.Ritu @ Anjali', pending in the Court of Civil Judge (Sr.Divn.), Chandigarh, is ordered to be transferred to the Court of Civil Judge (Sr.Divn.), Patiala. Parties are directed to appear before the Civil Judge (Sr.Divn.), Patiala, on 19.09.2009. It will be open to the Civil Judge (Sr.Divn.), Patiala, either to keep the case for adjudication with him or to assign the same to any other Court of competent jurisdiction. The sum of Rs.1,000/-, which has been ordered to be paid by the respondent to the petitioner on each date of hearing will be besides the amount of maintenance, if any, determined by any Court under any provision of law. File of the case, complete in all respects, be sent from Chandigarh, to Patiala. (M.M.S.BEDI) JUDGE August 13, 2009. rka . . . 3