T.A. No. 412 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 412 of 2008 Date of decision : 3.2.2009 Vidya Devi ....Petitioner Versus Ram Chander ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. Pankaj Mehta, Advocate for the petitioner. None for the respondent. ..... MAHESH GROVER, J. Notice of motion was issued to the respondent in this petition filed by the petitioner under Section 24 of the Code of Civil Procedure for transfer of the proceedings initiated by the respondent under Section 13 of the Hindu Marriage Act, 1955 titled as 'Ram Chander v. Vidya Devi' in the Court of Additional District Judge, Bhiwani. Case was called out twice, yet no one has put in appearance on behalf of the respondent. In this view of the matter, the averments made in the petition have gone uncontroverted. Learned counsel for the petitioner has stated that the marriage of the petitioner was solemnized with the respondent which T.A. No. 412 of 2008 -2- somehow did not work out, as a result of which proceedings regarding maintenance are pending at Hisar. The respondent has also filed a petition under Section 13 of the Hindu Marriage Act at Bhiwani. It is contended that the petitioner is alone and has no male or female member in her house to accompany her to defend the case at Bhiwani which is about 100 Kilometers from Hisar. The parents of the petitioner have already expired. Reliance is also placed on Kiran Bala v. Ram Phal 2005(3) R.C.R. (Civil) 511 wherein this Court followed the decision of the Supreme Court in Neelam Kanwar v. Davinder Kumar Kanwar 2001(1) MLJ 509 (SC), in which the following observations were made :- “We are mindful of the fact that the petitioner is lady and first respondent is a male, and, therefore, (for) convenience of wife, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reasons not to do so. No special reason is shown.” Having regard to the aforesaid and also the observations of the Apex Court in Sumita v. Kumar Sanjay and others AIR 2002 SC 396, the petition is allowed and the proceedings under Section 13 of the Hindu Marriage Act, 1955 are transferred from Bhiwani to a Court of competent jurisdiction at Hisar which shall issue notice to both the parties on receipt of the case. 3.2.2009 (MAHESH GROVER) JUDGE dss