TA No.412 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.412 of 2010 (O&M) Date of decision : 07.03.2011 Babli ...Applicant Versus Sunil Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. V.K. Gupta, Advocate for the applicant. Mr. Sandeep Kotla, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The applicant, Babli has filed the instant application under Section 24 of the Code of Civil Procedure, seeking transfer of the petition titled as ‘Sunil Kumar Vs. Babli’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Sonepat, to the Court of competent jurisdiction at Yamuna Nagar. 2. I have heard learned counsel for the parties and perused the record. 3. The only ground mentioned in the transfer application is that the applicant would face difficulty in attending the Court at TA No.412 of 2010 2 Sonepat as she is residing with her parents at Yamuna Nagar and having no means being unemployed. The learned counsel for the applicant has also referred to the FIR dated 4.08.2010 and the petition under Section 125 Cr.P.C., moved by the applicant at Yamuna Nagar, which is prior in time. 4. On the other hand, the learned counsel for the respondent has stated that she deserted the respondent and her young female child, who is suffering from heart ailment. The applicant has not put in any effort to take the custody of the child. The distance between both the places is around 180 kms. 5. It is a fact that it would be difficult for the wife, having no resources, to travel to Sonepat to attend the proceedings. The respondent is serving in the Indian Army. The family of the respondent is taking care of the young child born out of the wedlock between the parties. 6. In the circumstances, I deem it appropriate that interest of justice would be met if the respondent, who is in employment, is burdened with the cost of the traveling expenses of the applicant from Yamuna Nagar to Sonepat to attend the Court proceedings, which is quantified to ` 1,500/- per visit. I order accordingly. 7. There is no ground to transfer the case. This petition is dismissed. 07.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE TA No.412 of 2010 3 Note : Whether to be referred to Reporter ? Yes / No