T.A. No. 410 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 410 of 2008 Date of decision : 20.3.2009 Smt.Veena Mittal ....Petitioner Versus Ramesh Mittal ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. Amandeep S.Manaise, Advocate for the petitioner. None for the respondent. ..... MAHESH GROVER, J. This is a petition under Section 24 of the Code of Civil Procedure for transfer of the proceedings initiated by the respondent under Section 13 of the Hindu Marriage Act, 1955, titled as 'Ramesh Mittal v. Smt.Veena Mittal', in the Court of learned District Judge, Kurukshetra, to Panchkula. Learned counsel for the petitioner has stated that the marriage of the petitioner was solemnized with the respondent on 25.9.1986, which somehow did not work out, as a result of which proceedings filed by the respondent-husband under Section 13 of the Hindu Marriage Act are pending at Kurukshetra. He further contended that the petitioner is residing at Panchkula along with her school going minor child and has to travel Kurukshetra to attend the T.A. No. 410 of 2008 -2- proceedings initiated by the respondent-husband, which is about 90 Kilometers from Panchkula and she apprehends elimination at the hands of the respondent. Reliance is also placed on Kiran Bala v. Ram Phal 2005(3) R.C.R. (Civil) 511 wherein this Court followed the decision of the Supreme Court in Neelam Kanwar v. Davinder Kumar Kanwar 2001(1) MLJ 509 (SC), in which the following observations were made :- “We are mindful of the fact that the petitioner is 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 reasons not to do so. No special reason is shown.” The respondent, on the other hand, by filing the reply has controverted the grounds taken by the petitioner for transfer of the proceedings pending at Kurukshetra. However, no special reason has been shown not to transfer the proceedings. After hearing the learned counsel for the petitioner and having regard to the observations of the Apex Court in Neelam Kanwar v. Davinder Kumar Kanwar (supra), the petition is allowed and the proceedings under Section 13 of the Hindu Marriage Act, 1955 are transferred from Kurukshetra to a Court of competent jurisdiction at Panchkula, which shall issue notice to both the parties on receipt of the case. 20.3.2009 (MAHESH GROVER) JUDGE dss