TA No. 232 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 232 of 2008 Decided on : 23-03-2009 Rita Yadav ....Applicant VERSUS Nitin Yadav ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Divya Sarup, Advocate for the applicant Mr. Ramesh Sharma, Advocate for the respondent MAHESH GROVER, J This is an application under Section 24 CPC for transfer of proceedings in petition no. 18 of 2008 titled as 'Nitin versus Rita' pending in the Court of District Judge, Rohtak to a Court of competent jurisdiction at Hisar. Learned counsel for the applicant has stated that the marriage of the applicant with the respondent was solemnized on 30.11.2007. Unfortunately the marriage did not work out and divorce petition under Section 13 of the Hindu Marriage Act was preferred by the respondent. It is further the contention of the learned counsel for the applicant that applicant is not possessed of sound financial means and it is difficult for her to travel to Rohtak which is 120 kms away to attend the proceedings specially when there is no male member to accompany her. It is then contended that if the proceedings are transferred to Hisar, the respondent does not stand to suffer in any way because he is working in Australia and is having sufficient means to prosecute the litigation, even if it is transferred to Hisar. TA No. 232 of 2008 2 Learned counsel for the respondent has controverted the aforesaid contentions but has been unable to deny the fact that the respondent is working in Australia. Having regard to the aforesaid facts and also keeping in view the observations of Hon'ble Apex Court in case titled as 'Sumita Singh versus Kumar Sanjay and another' AIR 2002 SC 396, I am of the considered opinion that the present application deserves to succeed. Accordingly, proceedings in petition no. 18 of 2008 titled as 'Nitin versus Rita' pending in the Court of District Judge, Rohtak are transferred to a Court of competent jurisdiction at Hisar. The Court at Hisar shall issue notice to the parties for appearance after receipt of the case on transfer March 23, 2009 (Mahesh Grover) rekha Judge