Transfer Application No.447 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Transfer Application No.447 of 2010 Date of Decision:-17.05.2011 Manvinder Singh. ......Petitioner. Versus Manjit Kaur. ......Respondent. CORAM :- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Sanjiv Manrai, Advocate for the Petitioner. None for the Respondent. *** JASWANT SINGH, J.(ORAL) Petitioner-husband Manvinder Singh in the present transfer application under Section 24 of CPC has sought the transfer of the petition under Section 25 of the Guardian and Wards Act in respect of two minor children filed by the respondent-wife before the Guardian Judge, Jalandhar to the court of competent jurisdiction at Yamuna Nagar. It is stated that the marriage between the petitioner Manvinder Singh and respondent Manjit Kaur was solemnized on 19.11.1997 as per Sikh Rites at Patiala and out of that wedlock a girl namely Tavleen Kaur was born on 02.10.1998 and a boy named Gavypreet Singh was born on 09.08.2006. It is further stated that due to the conduct of the respondent- wife, the petitioner-husband was constrained to file a petition under Section Transfer Application No.447 of 2010 #2# 13 of the Hindu Marriage Act, 1955 for dissolution of marriage on 13.1.2010 before the Court of competent jurisdiction at Yamuna Nagar. The respondent-wife filed a transfer application no.188 of 2010 under Section 24 of the CPC before this Court seeking the transfer of said case from Yamuna Nagar to Jalandhar where she was alleged to be residing. This Court vide order dated 14.09.2010 in view of the fact that respondent- wife was living alone at Jalandhar whereas her family members were residing at Patiala and there was no other litigation pending at Jalandhar, did not accept the request for such a transfer and dismissed the transfer application. It is further stated that subsequently the respondent-wife has filed the present petition under Section 25 of the Guardian and Wards Act seeking custody of the the minor children. Learned Counsel for the petitioner-husband submits that it is extremely difficult for the 12 years old girl and 05 years old son to travel to Jalandhar and appear before the Court during the proceedings as per directions of the Court besides affecting their studies and attendance in the school. He further submits that respondent-wife is already pursuing her divorce petition at the courts at Yamuna Nagar and therefore no prejudice would be caused to her if the present case is also transferred to the Court at Yamuna Nagar. He, however, is not averse to payment of travelling expenses to the respondent-wife. None has put in appearance on behalf of the respondent-wife. After hearing learned Counsel for the petitioner and perusing the record carefully, I find that it would be expedient in the interest of justice and the interest of children would be best served if the petition under the Guardian and wards Act titled as Manjit Kaur Vs. Manvinder Singh is Transfer Application No.447 of 2010 #3# ordered to be transferred from the court at Jalandhar to the court of competent jurisdiction at Yamuna Nagar. Accordingly application is allowed and it is ordered that the petition titled as Manjit Kaur Vs. Manvinder Singh be withdrawn from the court at Jalandhar and transferred to the court of competent jurisdiction at Yamuna Nagar. It is clarified that for each and every every hearing the respondent-wife in case she appears shall be entitled to travelling expenses to be determined by the trial Court. Disposed of in the above terms. ( JASWANT SINGH ) JUDGE May 17, 2011 Vinay