IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Transfer Application No. 273 of 2009 Date of decision : December 03, 2009 Amandeep Kaur ....Petitioner versus Jagmohan Singh ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Atul Jain, Advocate, for the petitioner Mr. Kanwaljit Singh, Senior Advocate with Mr. Ajay Singla, Advocate, for the respondent L.N. Mittal, J. (Oral) Amandeep Kaur through her father and attorney has filed this transfer petition under section 24 of the Code of Civil Procedure for transfer of petition filed under section 9 of the Hindu Marriage Act, 1955 by respondent Jagmohan Singh against the petitioner from the court of Civil Judge (Senior Division), Amritsar to the court of competent jurisdiction at Patiala. It is undisputed that presently both the parties are in Australia. The petitioner has alleged that her father who is defending the case is 71 years old and is resident of Patiala and is, therefore, unable to defend the petition properly at Amritsar. Learned counsel for the petitioner states that distance between Amritsar and Patiala is about 250 kms. Transfer Application No. 273 of 2009 -2- On the other hand, respondent has filed reply through his father as attorney. Medical certificate Annexure R/1 annexed with the reply is relied upon by the learned counsel for the respondent to contend that the respondent's father is heart patient and therefore, it would be equally inconvenient for the respondent's father and attorney to pursue the case at Patiala. I have considered the rival pleas. If both the parties are similarly circumscribed, convenience of the wife has to be preferred as per judgment of the Hon'ble Apex Court. In view of the aforesaid, the instant transfer petition is allowed and petition under section 9 of the Hindu Marriage Act, 1955, titled “Jagmohan Singh versus Amandeep Kaur” is transferred from the court of Civil Judge (Senior Division) Amritsar to the court of competent jurisdiction at Patiala. File of the case shall be sent by the trial court at Amritsar to learned District Judge, Patiala who shall assign the same to court of competent jurisdiction at Patiala. Parties are directed to appear before the learned District Judge, Patiala on 12.1.2010. ( L.N. Mittal ) December 03, 2009 Judge 'dalbir'