T.A. No.126 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. T.A. No.126 of 2008 Date of Decision: 28.8.2008 Smt.Asha Rani .....Applicant Vs. Rajesh Kumar ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Yogesh Chaudhary, Advocate for the applicant. ... RAJIVE BHALLA, J (Oral) Prayer in this application, filed under Section 24 of the Hindu Marriage Act is for transfer of a case bearing No.102-HMA/10.9.2007 titled as Rajesh Kumar Vs. Asha Rani, pending before the District Judge, Fatehabad, to a Court of competent jurisdiction at Karnal. Counsel for the applicant submits that the parties were married on 11.5.2003. The applicant is residing with her old and infirm parents, who have to support three other daughters. The applicant has no source of income and is dependent upon the meagre income of her parents, which is insufficient to enable her to effectively defend her case at Fatehabad. It is further submitted that Fatehabad is at a distance of 180/200 kms. from Karnal. The applicant would have to travel 400 kms. on every date, so as to defend her case at Fatehabad, thus, causing extreme hardship. It is, therefore, prayed that the divorce petition be transferred to a Court of competent jurisdiction at Karnal. T.A. No.126 of 2008 2 Despite service, no one has put in appearance on behalf of the respondent. It appears that the respondent is not interested in opposing the prayer in the present application. I have heard learned counsel for the applicant and perused the paper book. I find no reason to doubt the correctness of the averments in the application, as also the assertions put forth by counsel for the applicant. Fatehabad is at a distance of 180/200 kms. from Karnal. The applicant, though not expected to visit the Court on each and every date, the distance to be traversed for a journey to and from the Court at Fatehabad, would be about 400 kms. This would necessarily require over night travel, as these cases are generally taken up in the pre-lunch session. The petitioner's parents are old and infirm and have to support three other daughters also. The petitioner has no independent source of income and is, therefore, hampered in defending her case at Fatehabad. The cumulative effect of the facts noticed herein would, in my considered opinion hamper the applicant in her defence. It would be in the interest of justice that the divorce petition is transferred to the District Judge, Karnal. Consequently, the transfer application is allowed. The divorce petition No.102-HMA dated 10.9.2007 titled as Rajesh Kumar V. Asha Rani is transferred from the Court of District Judge, Fatehabad to the District Judge, Karnal. The District Judge, Fatehabad is directed to forward the file of the above mentioned case to the District Judge, Karnal forthwith, who shall upon receipt of the case either try it himself or entrust it to a Court of competent jurisdiction, in accordance with law. T.A. No.126 of 2008 3 Parties are directed to appear before the transferee Court at Karnal on 29.9.2008. 28.8.2008 (RAJIVE BHALLA) GS JUDGE