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of the aforesaid, the instant transfer petition is allowed and divorce petition titled “Vijay Kumar versus Sandhya” is withdrawn from the court of Mr.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'