TA No.365 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.365 of 2011 Date of decision : 10.08.2011 Preeti ...Applicant Versus Parveen Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: None for the applicant. Mr. Ajit Sihag, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred by the applicant- wife, under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ‘Parveen Kumar Vs. Preeti’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Family Courts, Hisar, to the Court of competent jurisdiction at Gurgaon. 2. A perusal of the file would reveal that the applicant, after she was forced to leave her matrimonial home, is residing at Gurgaon with her old parents. She has also joined a private company at Gurgaon to maintain herself. The distance between the two stations is more than 200 kms., therefore, it would certainly be difficult for her to TA No.365 of 2011 2 pursue the case at Hisar. 3. Hon'ble the Supreme Court in Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC), has observed as under:- “We are mindful of the fact that the petitioner is a 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 reason not to do so. No special reason is shown.” 4. In view of the above, the instant transfer application is allowed, the petition under Section 9 of the Act titled as ‘Parveen Kumar Vs. Preeti’ is withdrawn from the Court of learned District Judge, Family Courts, Hisar, and is transferred to the Court of competent jurisdiction at Gurgaon. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Hisar, to the learned District Judge-cum-Family Court, Gurgaon, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Gurgaon. 5. The parties shall appear before the learned District Judge, Gurgaon, on 09.09.2011. 10.08.2011 (JITENDRA CHAUHAN) atulsethi JUDGE TA No.365 of 2011 3 Note : Whether to be referred to Reporter ? Yes / No