T.A.No.16 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.16 of 2009 (O&M) Date of Decision : 14.5.2009 Geeta ....Petitioner Versus Amrit Pal ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Vikas Bahl, Advocate for the petitioner. Mr.Rakesh Kumar, Advocate for the respondent. ... MAHESH GROVER, J. C.M.No.833-CII of 2009 C.M. is allowed and the petitioner is exempted from filing the certified copies of Annexures P-1 to P-4. T.A.No.16 of 2009 Reply filed by the respondent is taken on record. This is a petition under Section 24 of the Code of Civil Procedure for transfer of proceedings under Section 13 of the Hindu Marriage Act, titled as “Amrit Pal v. Geeta', pending in the Court of learned Addl. District and Sessions Judge (Adhoc), Fast T.A.No.16 of 2009 (O&M) -2- Track Court, Hoshiarpur, to Nawanshahr. It is the case of the petitioner that her marriage took place with the respondent on 19.11.2003 and a child was also born, who is about 2 years old and is living with her. It is alleged that the respondent is unwilling to take her back to her matrimonial home. She further alleged that she is employed as a teacher and, therefore, it is extremely difficult for her to travel about 70 Kms. to attend to the proceedings at Hoshiarpur from her present place of posting at Banga. The respondent, who is present in Court, has stated that the proceedings have been initiated in the Court of competent jurisdiction. In the reply filed by him the averments made in the petitioner have been denied. A perusal of the reply filed by the respondent shows that the respondent has primarily tried to justify the reasons for filing the petition for divorce. I have heard the learned counsel for the parties and have considered the matter in its entirety. Keeping view the observations of the Apex Court in Sumita v. Kumar Sanjay and others AIR 2002 SC 396 and also noticing the fact that the petitioner is a lady who is having a minor child of two years and is also employed and further noticing the fact that the aforesaid factors will be causing inconvenience for her to travel to Hoshiarpur where the proceedings are pending, the petition deserves to be allowed. Consequently, the petition is allowed and the proceedings under Section 13 of the Hindu Marriage Act, 1955 are directed to be transferred from Hoshiarpur to T.A.No.16 of 2009 (O&M) -3- a Court of competent jurisdiction at Nawanshahr, which shall issue notice to both the parties on receipt of the case. 14.5.2009 (MAHESH GROVER) JUDGE dss