TA No.483 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.483 of 2010 Date of decision : 11.03.2011 Barinder Kaur ...Applicant Versus Jagtar Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. K.B.S. Mann, Advocate for the applicant. Mr. Mehtab Singh, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The wife-Barinder Kaur, has filed the present application under Section 24 of the Code of Civil Procedure, for transfer of petition titled as ‘Jagtar Singh Vs. Barinder Kaur’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned ACJM, Ferozepur, to the Court of competent jurisdiction at Bathinda. 2. The learned counsel for the applicant contends that the child born out of the wedlock between the parties is with the applicant. She is residing with her parents and does not have any resources, whereas the respondent is serving a Assistant Garrson Engineer. She TA No.483 of 2010 2 filed a suit for recovery and for future maintenance under Sections 18 and 20 of the Hindu Adoption and Maintenance Act on 22.02.2010 and an application under Order 39 Rule 1 and 2 to create a charge over the property and as a counter-blast to the same, the respondent has filed the petitioner under Section 9 of the Act. 3. On the other hand, the learned counsel for the respondent states that despite service, the applicant did not appear before the learned trial Court and accordingly, she was proceeded against ex parte. Three witnesses on behalf of the respondent have already been examined. The respondent is serving in the Army and it would be difficult for him to appear at Bathinda. 4. I have heard the learned counsel for the parties and perused the record. 5. As the petition under Section 9 is at the advanced stage, three witnesses have already been examined and the respondent- husband is serving in the Army, it would not be in the interest of justice to transfer the petition at this stage. 6. Accordingly, the present transfer application is dismissed. However, keeping in view the monetary status of the applicant, the respondent shall bear the travel expenses of the applicant, which is quantified to ` 2,000/- on each appearance before the learned trial Court in the proceedings under Section 9 of the Act. 11.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE TA No.483 of 2010 3 Note : Whether to be referred to Reporter ? Yes / No