TA No.91 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.91 of 2011 (O&M) Date of decision : 28.03.2011 Pardeep Kaur ...Applicant Versus Jagmail Singh @ Kala ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. G.S. Singhpura, Advocate for the applicant. Mr. A.S. Jattana, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. Smt. Pardeep Kaur, the applicant-wife has preferred the instant application under Section 24 of the Code of Civil Procedure, seeking transfer of the petition under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Jagmail Singh Vs. Pardeep Kaur’, filed by the respondent, from the Court of learned District Judge, Sangrur, to the Court of competent jurisdiction at Mansa. TA No.91 of 2011 2 2. The learned counsel for the applicant contends that the distance between Sangrur and Mansa is about 60-70 kms. and it would be very difficult for her to travel to Sangrur to defend her case. She is also saddled with the responsibility of raising her minor child. 3. On the other hand, the learned counsel for the respondent has vehemently opposed the prayer. Vide CM No.7871-CII, of 2011, reply on behalf of the respondent has been filed. The application is allowed and the reply is taken on record. 4. I have heard the learned counsel for the parties. 5. The only averment made in the instant application is that the distance of Sangrur from the residence of the applicant is about 60- 70 kms. whereas, the distance between Sangrur and Mansa is about 50 kms. The applicant has also filed a petition under Section 125 Cr.P.C. at Sangrur. The petition filed by the respondent is prior in time. 6. From the reply filed on behalf of the respondent, it is also apparent that the respondent suffered serious injuries in a road accident and is confined to bed. As per the medical reports produced in the Court today, the respondent has undergone major operation on 27.10.2010 at the Civil Hospital, Nabha. 7. In my opinion, the distance of 10-20 kms. cannot be a valid ground for transfer of the proceedings from one place to another, particularly, when the respondent is bed-ridden on account of the injuries suffered in a road accident. Rather, it would add further hardship to the respondent if the application is allowed. TA No.91 of 2011 3 8. In view of the above, I find no merit in allowing the present transfer application and the same is accordingly dismissed. 9. However, the applicant is at the mercy of her parents and the financial status of the respondent has been stated to be sound, therefore, the respondent shall pay the traveling expenses to the applicant from Mansa to Sangrur in regard to the petition under Section 13 of the Act, which is quantified to ` 750/- per visit. 28.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No