IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. T.A. No. 15 of 2009 (O&M) Date of Decision: 14.5.2009 Monica. ....... Applicant through Shri R.S.Mamli, Advocate. Versus Pawan Singla. ....... Respondent through Shri Salil Bali,Advocate. CORAM: HON'BLE MR.JUSTICE MAHESH GROVER .... 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? .... Mahesh Grover,J. This is a petition under Section 24 of the Civil Procedure Code,1908 (hereinafter referred to as `the C.P.C.') for transfer of the petition under Section 13 of the Hindu Marriage Act,1955 (for short, `the Act') from the Court of District Judge, Hisar to the Court of District Judge, Yamuna Nagar or to issue any other appropriate order or direction in the facts and circumstances of the case. The case of the applicant is that the marriage between the parties was solemnized on 25.1.2004, but it did not work out, as a result of which she was turned out of her matrimonial home. It is her further case that this has led to a spate of litigation between them which included. an F.I.R. T.A.No.15 of 2009 (O&M) -2- .... under Section 498-A of the I.P.C. and a petition under Section 125 of the Cr.P.C. initiated by her. It is also her case that the respondent has filed a petition under Section 13 of the Act which is pending in the Court of District Judge, Hisar and it is very difficult for her to travel to Hisar to attend the proceedings as she has old parents, who cannot accompany her on all the dates. It has, therefore, been prayed by the applicant that the said petition be transferred to the Court of District Judge, Yamuna Nagar as she is presently residing with her parents at Yamuna Nagar. Notice of the application was given to the respondent and he was directed to come present in person in the Court. Both the applicant and the respondent are present today in Court. Efforts for reconciliation between them have been made, but the same did not fructify into any positive result. I have heard the learned counsel for the parties and have perused the paper-book. It has been informed by the learned counsel for the respondent that evidence of the respondent in the petition under Section 13 of the Act is over and the applicant did not turn for recording of her evidence on the last date fixed. He submitted that since the proceedings are at an advanced stage, no fruitful purpose would be served by transferring the petition from Hisar to Yamuna Nagar. After considering the matter in its entirety and keeping in view the law laid down by the Supreme Court in Sumita Singh Versus Kumar Sanjay and another, AIR 2002 S.C. 396 that it is the convenience of the T.A.No.15 of 2009 (O&M) -3- .... wife that must be looked into in the matrimonial proceedings, as also having regard to the fact that the applicant has old parents, who cannot accompany her to Hisar to attend the proceedings, I am of the considered opinion that it will be in the interest of justice if the petition under Section 13 of the Act is transferred from Hisar to Yamuna Nagar. It will not make any difference if the proceedings are at an advanced stage because the Court of competent jurisdiction where the same are transferred,will proceed further from the point where they are at this stage in accordance with the provisions of Section 24(2) of the C.P.C. Accordingly, this application is accepted and the petition under Section 13 of the Act is transferred from the Court of District Judge, Hisar to the Court of District Judge, Yamuna Nagar, who may, either himself, deal with the same or may assign it to a Court of competent jurisdiction at Yamuna Nagar. The District Judge, Hisar shall send the record of the petition immediately to the Court of District Judge, Yamuna Nagar for further proceedings. After receipt of the file, the District Judge, Yamuna Nagar or the Court of competent jurisdiction to whom it is assigned, shall issue notice to the parties and will proceed with the petition in accordance with law. The C.M. for grant of interim stay also stands disposed of. May 14,2009 ( Mahesh Grover ) “SCM” Judge