TA No. 107 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 107 of 2009 Decided on : 18-05-2009 Smt. Aditi Malik ....Applicant VERSUS Anmol Malik ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.R.C.Kapoor, Advocate for the applicant Mr. Sandeep Vermani, Advocate for the respondent MAHESH GROVER, J Reply has been filed in the Court today and the same is taken on record. A copy thereof has been supplied to the counsel opposite. This is an application under Section 24 CPC for transfer of HMA case no. 39 of 30.4.2008 titled as 'Anmol Malik versus Aditi Malik', pending in the Court of Additional District Judge, Ambala City to a Court of competent jurisdiction at Yamunanagar. It is the case of the applicant that her marriage with the respondent was solemnized on 20.4.2007 and a minor child was born on 22.2.2008 who is residing with her. The marriage unfortunately did not work out leading to litigation between the parties. Respondent has preferred proceedings under Section 13 of the Hindu Marriage Act against the applicant at Ambala. It has been contended by the learned counsel for the applicant that the applicant has a minor child to take care of and it is extremely difficult for her to travel to Ambala to attend to the proceedings initiated by the respondent. On the other hand, learned counsel for the respondent has TA No. 107 of 2009 2 stated that he has no objection if the proceedings are transferred to any other place except Yamunanagar. It is his case that he apprehends violence at the hands of the parents of the applicant who are residing at Yamunanagar. After having heard learned counsel for the parties and considering the fact that the applicant is having a child who is barely one year old 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, the proceedings in the HMA case no. 39 of 30.4.2008 titled as 'Anmol Malik versus Aditi Malik', pending in the Court of Additional District Judge, Ambala City are transferred to a Court of competent jurisdiction at Yamunanagar. The Court at Yamunanagar shall issue notice to the parties for appearance after receipt of the case on transfer May 18, 2009 (Mahesh Grover) rekha Judge