Transfer Application No. 412 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 412 of 2009 Date of decision:22nd November, 2010 Baljinder Kaur W/o Ravinder Singh Dhanju D/o Tara Singh Thind R/o H.No. 1184, Sector 13, Hisar(Haryana) .......Appellant Versus Ravinder Singh Dhanju S/o Sh. Baldev Singh Dhanju R/o H.No.50-B, Skynet Enclave, Village Lohgarh, Zirakpur District Mohali(Pb). ........Respondent BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. T.C.Dhanwal, Advocate, for the petitioner. Mr. G.P.S.BAl, 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 application for transfer of the proceedings pending in the Court of Additional District Judge, S.A.S.Nagar, Mohali to the Competent Court at Hisar, District Judge, Hisar, is at the instance of the wife contending that she is resident of Hisar and she has a three year old child to attend and it is very difficult and inconvenient to go to Mohali which is about 250 kilometres away to conduct the case. It is also pleaded that her father on whom she is dependent has recently undergone a heart surgery and he may not be able to accompany her Transfer Application No. 412 of 2009 2 to the Court for her protection. It is further urged that there are already three cases pending against the husband relating to matrimonial disputes and are all being prosecuting at Hisar where the husband has been coming to defend himself. 2. The Counsel appearing for the husband would rely on the judgment of the Hon'ble Supreme Court in Anindita Das vs. Srijit Das T.P.(C) No. 146 of 2005 decided on 29.08.2005, that convenience of a wife shall not be a relevant consideration and in that case the Hon'ble Supreme Court was rejecting a plea by the wife that the case was required to be transferred as the place where the case was pending was more than 200 kilo metres away. The Hon'ble Supreme Court was confirming the order of the High Court and was directing the husband to pay maintenance that included travelling expenses on every effective date of hearing. 3. I will not take the above decision as laying down any proposition of law that in cases where a transfer is sought on the basis that proceedings are pending in another Court which is at a distance of more than 200 kilo metres, a plea for transfer cannot be entertained. On the other hand, I would treat that case as a consideration of the particular facts where the court's jurisdiction at an appellate stage was found not called for. In this case, the additional factors are that the applicant has an infant to attend to. Another fact is that there are other cases filed against the husband which are pending at Hisar to which place the wife seeks for a transfer. Transfer Application No. 412 of 2009 3 It will be easy and convenient for parties to organise the dates in such a way that the proceedings are all taken at the same place and the parties do not waste their time in shuttling between one place to another in various jurisdictions. 4. Application for transfer is allowed and the case which is now pending at the Additional District Judge S.A.S.Nagar, Mohali is ordered to be withdrawn and transferred to the District Judge, Hisar for disposal in accordance with law. 5. Parties are directed to appear before the District Judge, Hisar on 20.12.2010. [K.KANNAN] JUDGE 22nd November, 2010 Shivani Kaushik