Transfer Application No.239 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No.239 of 2008 Date of Order: 16.09.2008 Rajni Bala ...Applicant Versus Kulbir Singh ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Brijeshwar Singh Bhalla, Advocate for the applicant. Ms. Sushma Chopra, Advocate for the respondent. RAJIVE BHALLA, J (Oral). The applicant, by way of this transfer application prays for transfer of the petition filed under Section 9 of the Hindu Marriage Act, 1955 titled as “Kulbir Singh v. Rajni Bala” pending in the court of Additional Civil Judge (Senior Division), Nakodar, to a court of competent jurisdiction at Moga. Counsel for the applicant submits that the applicant has no source of income. His father who is supporting her, is a retired Government employee. The applicant has to look after the welfare of a minor child. Counsel for the applicant further submits that the distance between Moga to Nakodar is 75 Kms. and therefore, travelling to Moga to appear in the proceeding under Section 9 of the Hindu Marriage Act, 1955 would cause inconvenience to the applicant. It is, therefore, prayed that the petition filed under Section 9 of the Hindu Marriage Act, be transferred to a Court of Transfer Application No.239 of 2008 -2- competent jurisdiction at Moga. Counsel for the respondent on the other hand submits that the applicant has abandoned her matrimonial home and the fact that she has to travel to Moga, is insufficient to transfer the petition filed by the applicant. The applicant has sufficient means to travel to Nakodar and, therefore, the present application be dismissed. Admittedly, the applicant has to look after the welfare of a minor child. Her father, who is a retired Government employee does not have sufficient funds to meet the applicant's expenses. The applicant would have to travel a distance of 75 Kms. to reach Nakodar. The above facts in my considered opinion are sufficient to hold that her travelling from Moga to Nakodar would cause serious inconvenience to the applicant and her minor child and, therefore, the interest of justice would require that the petition filed under Section 9 of the Hindu Marriage Act be transferred to a competent Court of jurisdiction at Moga. Consequently, the transfer application is allowed and the aforementioned petition titled as “Kulbir Singh v. Rajni Bala” pending in the court of Additional Civil Judge (Senior Division), Nakodar, is transferred to a court of Additional District Judge, Moga. The Additional Civil Judge (Senior Division), Nakodar, shall forthwith forward the file of the aforementioned case to the Court of the Additional District Judge, Moga, who shall upon receipt of the file either deal with the matter himself or transfer it to a Court of competent jurisdiction at Moga. Parties are directed to appear before the Additional District Judge, Moga, on 04.11.2008. September 16, 2008 (RAJIVE BHALLA) nt JUDGE