TA No. 370 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 370 of 2008 Decided on : 30-01-2009 Prabhjot ....Applicant VERSUS Avtar Singh ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Sandeep Arora, Advocate for the applicant MAHESH GROVER, J This is an application under Section 24 CPC for transfer of petition titled as 'Avtar Singh versus Prabhjot' pending in the Court of Sh. M.S.Chauhan, District Judge, Gurdaspur to a Court of competent jurisdiction at Gurgaon or near Delhi. It has been contended by the learned counsel for the applicant that the marriage took place with the respondent on 5.5.2001 and a child was also born out of the wedlock. Unfortunately, the marriage did not work out as a result of which the respondent has filed a petition under Section 13 of the Hindu Marriage Act in the Court of competent jurisdiction at Gurdaspur. It is pleaded that both applicant and respondent are residing at Delhi and the applicant is also having a child to look after. Therefore, it is very difficult for her to travel a distance of 400 kms to attent to the Court proceedings. No one has put in appearance on behalf of the respondent. Mr. R.K.Arya, Advocate who is representing the respondent has not turned up TA No. 370 of 2008 2 despite the fact that the case has been called out twice. No reply has been filed. Having regard to the fact that the averments made in the application have gone uncontroverted and also keeping in view the fact that the applicant is a lady and is having a small child 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 case titled as 'Avtar Singh versus Prabhjot' pending in the Court of Sh. M.S.Chauhan, District Judge, Gurdaspur are transferred to a Court of competent jurisdiction at Gurgaon . The Court at Gurgaon shall issue notice to the parties for appearance after receipt of the case on transfer January 30 , 2009 (Mahesh Grover) rekha Judge