T.A. No. 289 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH T.A. No. 289 of 2009 (O&M) Date of Decision : 19.2.2010 Indu .......... Petitioner Versus Rajinder Kumar ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Gaurav Sehti, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) This petition under Section 24 of the Code of Civil Procedure has been moved for transfer of case No. 96 of 2008 titled 'Rajinder Kumar Vs.Indu” in the Court of learned District Judge, Kurukshetra filed under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce to the Court of competent jurisdiction at Ambala. The petitioner seeks transfer of the case from the Court at Kurukshetra to a Court of competent jurisdiction at Ambala on the plea, that the petitioner is having a small minor daughter of two years and it is extremely difficult for the petitioner to travel with the small child to attend the court at Kurukshetra. The learned counsel for the petitioner in support of the contention that the convenience of the wife is to be seen, relied upon the judgments of the Hon'ble Supreme Court in the cases of Sumita Singh Vs. T.A. No. 289 of 2009 2 Kumar Sanjay and others AIR 2002 SC 396 and Rakhi Banerji Vs. Subhankar Mukherji, 2009(1) RCR(Civil) 60, wherein the Hon'ble Supreme Court has been pleased to lay down, that it is difficult for the wife to travel to attend the case with small child. The learned counsel for the petitioner also claims transfer of the case on the plea, that the criminal case between the parties is pending at Ambala, therefore, it would be appropriate and in the interest of justice to transfer the matrimonial case also at Ambala. Notice of the application was issued. The respondent has refused to accept service, therefore, service was effected by way of affixation. The respondent is, therefor, deemed to have been served. The averments made in the transfer application are supported by an affidavit, which go unrebutted. Keeping in view the facts and circumstances of the case and in view of the law laid down by the Hon'ble Supreme Court, this petition is allowed. The case pending in the Court of learned Addl. District Judge, Kurukshetra i.e. case No. 96 of 2008 titled 'Rajinder Kumar Vs. Indu” filed under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce, is ordered to be transferred to the Court of competent jurisdiction i.e. District Judge at Ambala, who can decide the case himself or entrust it to any other Court. No costs. 19.2.2010 ( VINOD K. SHARMA ) 'sp' JUDGE