T.A. No. 299 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 299 of 2008 Date of decision : 17.2.2009 Kulwinder Dhaliwal ....Petitioner Versus Gurcharan Singh Dhaliwal ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. Harsh Bunger, Advocate for the petitioner. Mr. Arun Singla, Advocate for the respondent. ..... MAHESH GROVER, J. This is a petition under Section 24 of the Code of Civil Procedure for transfer of the proceedings initiated by the respondent under Section 13 of the Hindu Marriage Act, 1955, titled as 'Gurcharan Singh v. Kulwinder Kaur', in the Court of Additional District Judge, Moga to Jalandhar. Learned counsel for the petitioner has stated that the marriage of the petitioner was solemnized with the respondent which somehow did not work out, as a result of which proceedings filed by the respondent-husband under Section 13 of the Hindu Marriage Act are pending at Moga. He further contended that there is deep history T.A. No. 299 of 2008 -2- of litigation between the parties and the petitioner is residing at Jalandhar and she apprehends elimination at the hands of the respondent. Reliance is also placed on Kiran Bala v. Ram Phal 2005 (3) R.C.R. (Civil) 511 wherein this Court followed the decision of the Supreme Court in Neelam Kanwar v. Davinder Kumar Kanwar 2001 (1) MLJ 509 (SC), in which the following observations were made :- “We are mindful of the fact that the petitioner is lady and first respondent is a male, and, therefore, (for) convenience of wife, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reasons not to do so. No special reason is shown.” The learned counsel for the respondent, on the other hand, has controverted the grounds taken by the petitioner for transfer of the proceedings pending at Moga. However, no special reason has been shown not to transfer the proceedings. After hearing the learned counsel for the parties and having regard to the observations of the Apex Court in Neelam Kanwar v. Davinder Kumar Kanwar (supra), the petition is allowed and the proceedings under Section 13 of the Hindu Marriage Act, 1955 are transferred from Moga to a Court of competent jurisdiction at Jalandhar, which shall issue notice to both the parties on receipt of the case. 17.2.2009 (MAHESH GROVER) JUDGE dss