Transfer Application No. 70 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 70 of 2010(O&M) Date of decision: 30th July, 2010 Rimple Gandhi .......Appellant Versus Vikas Gandhi ........Respondent BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Pankaj Sharma, Advocate, for the appellant. Ms. Kulwant K.K., Advocate, for the respondent. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The petition is filed by the wife for transfer of proceedings initiated by the husband for divorce. Earlier the husband had filed an application for Judicial Separation under Section 10 of the Hindu Marriage Act at Chandigarh and this Court vide order(Annexure P-1) directed that the case will be transferred to Ludhiana, considering the contention of the learned counsel for the appellant who pleaded that the difficulty is that she was alone and she cannot undertake a visit from Ludhiana to Transfer Application No. 70 of 2010 2 Chandigarh and further she apprehend serious threat to her life if she visited. Subsequently, it appears that the husband had withdrawn the petition and filed a fresh petition for divorce before the Court at Chandigarh. The grounds which are urged by the wife are identical with the previous one and I do not think that any fresh consideration will be necessary unless new circumstances have come about for the husband to take a different decision for the same reasons. I direct that the case pending before the learned District Judge, Chandigarh titled as “Vikas Gandhi Versus Smt. Rimple Gandhi” is withdrawn and transferred the same to the learned District Court at Ludhiana. The transfer application is allowed on the above terms. 2. Parties are directed to appear before the learned District Judge at Ludhiana on 23.08.2010. [K.KANNAN] JUDGE 30th July, 2010 Shivani Kaushik