T.A. No.260 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.260 of 2010 Date of decision : 25.02.2011 Pooja @ Radhika ...Applicant Versus Chhabil Sharma @ Adarsh Sharma ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Amit Rawal, Advocate, for the applicant. JITENDRA CHAUHAN, J. (Oral) 1. As per the Office report, notice issued to respondent through his counsel received back unserved with the report that he has no contact with the respondent. 2. After notice of motion was issued on 07.07.2010, repeated efforts were made to serve the respondent. From the perusal of the orders, it is apparent that respondent is evading appearance. Accordingly, he is proceeded against ex parte before this Court. 3. Learned counsel for the applicant submits that applicant has been ousted from her matrimonial home. She lost the parents long ago and is residing at the mercy of her old grand-parents. The applicant is residing at Ludhiana. She has no source of income. There is no male member to accompany her to Karnal, which is at a distance of 150 Kms. There is no male member in the family to support her. It is very T.A. No.260 of 2010 -2- difficult for the applicant-wife to defend her case at Karnal. The applicant is a very poor person. 4. Hon'ble the Supreme Court in Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC), has observed as under:- “We are mindful of the fact that the petitioner is a 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 reason not to do so. No special reason is shown.” 5. In these circumstances, this Court is of the opinion that it would be in the interest of justice, if the petition under Section 13 of the Hindu Marriage Act titled as “Chhabil Sharma Versus Pooja”, pending in the Court of learned District Judge, Karnal, is withdrawn from the Court of learned District Judge, Karnal, and is transferred to the Court of competent jurisdiction at Ludhiana. The record of the case under Section 13 of the Hindu Marriage Act shall be sent by the trial Court at Karnal to the learned District Judge, Ludhiana, within three weeks, who will either himself dispose it of or entrust it to any Court of competent jurisdiction. 6. The parties shall appear before the Court of learned District Judge, Ludhiana at 11 A.M. On 25.03.2011. 25.02.2011 (JITENDRA CHAUHAN) Gagan JUDGE Note :Whether to be referred to Reporter ? Yes / No