T.A.No.353 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.353 of 2008. Decided on August 11, 2009. Pooja .. Petitioner VERSUS Sunil Kumar .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.P.R.Yadav, Advocate, for the petitioner. M.M.S. BEDI, J. (ORAL) Notice issued to the respondent has not been received back served or unserved. In this case, further proceedings were stayed on 03.10.2008. A period of more than 10 months has elapsed, but somehow the report is being received that respondent-husband could not be served. In view of the above circumstances, it is apparent that the respondent-husband is trying to evade appearance and deeming that respondent-husband has knowledge of this application . . . 1 T.A.No.353 of 2008 for transfer, same has been taken up for adjudication proceeding the respondent ex parte as despite having knowledge about the pendency of this transfer application, the respondent-husband has opted not to appear. Petitioner-wife is residing at Gurgaon. She has levelled allegations of harassment and cruelty against the respondent-husband. An FIR has also been lodged against the respondent for having inflicted knife injuries on different parts of the body of the petitioner-wife. Petitioner-wife claims the transfer of a petition under Section 9 of the Hindu Marriage Act, filed by the respondent-husband at Narnaul to Gurgaon, on the ground of convenience. It is claimed that petitioner is staying with her mother at Gurgaon, after the death of her father and it is difficult for her to contest the petition under Section 9 of the Hindu Marriage Act, at Narnaul. In the interest of justice, the petition is allowed and it is ordered that the petition under Section 9 of the Hindu Marriage Act titled 'Sunil Kumar Vs. Pooja', pending in the Court of Sh.Krishan Kumar, Additional District Judge, Narnaul be transferred to the Court of District Judge, Gurgaon. However, District Judge, Gurgaon, will be at liberty to either keep the case with him for adjudication or to entrust the same to any other Court of competent Jurisdiction, at Gurgaon. File of the case, complete in all respects, will be sent by Additional District Judge, Narnaul to District Judge Gurgaon, . . . 2 T.A.No.353 of 2008 on or before 03.10.2009. Parties are directed to appear before the District Judge, Gurgaon, on 03.10.2009. Copy of Order be sent to the Additional District Judge, Narnaul, so that the same may be communicated to the respondent on the date of hearing fixed before the said Court. (M.M.S.BEDI) JUDGE August 11, 2009. rka . . . 3