Transfer Application No. 219 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 219 of 2008 Date of Order: 26.11.2008 Garima Rani ...Applicant Versus Naresh Kumar ..Respodnent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Vaibhav Prashar, Advocate for the applicant. Mr. S.K.Yadav, Advocate for the respondent. RAJIVE BHALLA, J (ORAL) Prayer in this application is for transfer of a petition filed under Section 13(ia)(ib) of the Hindu Marriage Act, 1955 titled as “Naresh Kumar v. Smt. Garima Rani” , pending before the Court of Additional District Judge, Rewari, to a Court of competent jurisdiction at Bhiwani. Counsel for the applicant contends that as a petition filed under Section 25 of the Guardians and Wards Act has already been transferred from Rewari to Charkhi Dadri, Distt. Bhiwani, the divorce petition should also be transferred to a Court of competent jurisdiction in District Bhiwani. It is further submitted that as the applicant has to look after the welfare of her minor son, has no means of subsistence and apprehends danger from the respondent, the case be transferred to Bhiwani. Counsel for the respondent, on the other hand, submits that the applicant is a resident of Charkhi Dadri and, therefore, even if the case is transferred to Bhiwani, she will have to travel a distance of 35 Kms. It is Transfer Application No. 219 of 2008 -2- further submitted that the respondent has concluded his evidence and the case is now fixed for the applicant's evidence. The trial Court has granted the applicant a last opportunity to lead her evidence, but in view of the stay order granted by this Court, the petition for divorce could not be decided. After giving my thoughtful consideration to the contentions raised by counsel for the parties, I express my inability to accept the prayer for transfer of the divorce petition. As noticed in the arguments, raised by counsel for the respondent, even if the case is transferred to Bhiwani, the applicant, who is resident of Charkhi Dadri, would have to travel a distance of 35 Kms. Admittedly, Charkhi Dadri is at a distance of 60-70 Kms. from Rewari and, therefore, the applicant would merely have to travel an additional distance of 30-40 Kms. Even otherwise, the divorce petition is at an advance stage as the respondent has concluded his evidence and the case is now fixed for the applicant's evidence. As regards the transfer of the petition filed under the Guardians and Wards Act, it was transferred in view of Section 9 of the aforementioned act as a petition seeking custody of the person of a minor can only be filed at the place where the minor ordinarily resides. In this view of the matter, the application for transfer is dismissed. Liberty is, however, granted to the applicant to approach the concerned Senior Superintendent of Police, in case she apprehends any danger to her person and to bring to the notice of the Additional District Judge, Rewari, that maintenance awarded during the pendency of the petition has not been paid. November 26, 2008 (RAJIVE BHALLA) nt JUDGE