T.A. No. 121 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 121 of 2008 Date of decision : 26.2.2009 Jaspal Kaur ....Petitioner Versus Saghan Singh ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. Rahul Chhatwal, Advocate for the petitioner. Mr. M.S.Rai, Advocate 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 9 of the Hindu Marriage Act, 1955, titled as 'Saghan Singh v. Jaspal Kaur', in the Court of Additional Civil Judge, Jalalabad, to Malout. Learned counsel for the petitioner has stated that the marriage of the petitioner was solemnized with the respondent on 17.10.2004, which somehow did not work out, as a result of which proceedings filed by the respondent-husband under Section 9 of the Hindu Marriage Act for restitution of conjugal rights are pending at Jalalabad. It is contended that the petitioner has a son from the T.A. No. 121 of 2008 -2- respondent and she has no independent source of income and is residing in her parental house at Malout, District Muktsar which is about 70 Kilometers from Jalalabad. 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, has controverted the grounds taken by the petitioner for transfer of the proceedings pending at Jalalabad. However, no special reason was 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 9 of the Hindu Marriage Act, 1955 are directed to be transferred from Jalalabad to a Court of competent jurisdiction at Malout, which shall issue notice to both the parties on receipt of the case. 26.2.2009 (MAHESH GROVER) JUDGE dss