T.A.No.8 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No 8 of 2011 Date of decision 7.3.2011 Sukhwinder Kaur ...Applicant versus Avtar Singh ...Respondent Present: Mr.Rajan Bansal,Advocate for the applicant Mr.Bikramjit Arora,Advocate for the respondent .... CORAM : HON'BLE MR.JUSTICE JITENDRA CHAUHAN JITENDRA CHAUHAN.J (ORAL) This is an application under section 24 of the Code of Civil Procedure, for transferring petition titled “Avtar Singh v.Sukhwinder Kaur”under section 13 of the Hindu Marriage Act,1955 (for short the 'Act') for the grant of decree of divorce from the Court of Additional District Judge, Tarn Taran to the court of competent jurisdiction at Bhatinda. The marriage between the parties was solemnized on 12.12.2000 at Fatehgarh Churian and after the marriage, applicant lived with the respondent at Tarn Taran. Two daughters were born out of the wed lock of the parties. Applicant-wife was subjected to cruelty and was compelled to leave the matrimonial home alongwith her daughters in January,2009. She is presently residing with her minor daughters at Village Jhumba Bhai Ke, Distrcit Bhatinda. The respondent filed a petition under section 13 of the Act before the District Judge at Tarn Taran. Applicant seeks transfer of the said petition to the court of competent jurisdiction at T.A.No.8 of 2011 2 Bhatinda. Primarily it has been argued by the learned counsel for the applicant that she is without any resources and is unable to attend the court proceedings at Tarn Taran with her minor daughters. He further argued that the convenience of wife is to be given preference in case of transfer of a petition in matrimonial cases and cites Deepika v. Vinod Bhalla (P&H) 2004(3) P.L.R. 751 and Milli v. Mukesh Kumar (P&H) 2005(4) R.C.R. (Civil) 422 Reply on behalf of the respondent has been filed that respondent is serving in Indian Army and at present, he is posted at Tehsil Bhadarwah, District Doda, Jammu & Kashmir. Learned counsel for the respondent submits that the parties lastly resided at Tarn Taran. He further submits that the 1/3rd salary of the respondent is being paid to the applicant-wife. He pointed out that it is not possible for the respondent to get the leave from service and the distance from Bhadarwah to Bathinda is 700 kms. In the peculiar facts and circumstances of this case, it is ordered that the ends of justice would be met if the applicant-wife is paid the travelling expenses, which are quantified as Rs.1000/- by the respondent-husband on each visit to attend the court proceedings pending under section 13 of the Act at Tarn Taran. This application is accordingly disposed of in the above manner. 7.3.2011 (JITENDRA CHAUHAN) MS JUDGE Note;Whether to be referred to the Reporter?Yes/No.