TA No. 447 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 447 of 2008 Decided on : 27-03-2009 Asha Rani ....Applicant VERSUS Dinesh Kumar ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Ms. Samapti Chugh, Advocate for the applicant MAHESH GROVER, J This is an application under Section 24 CPC for transfer of petition titled as 'Dinesh Kumar versus Smt. Asha' filed under Section 13 of the Hindu Marriage Act 1955, pending in the Court of Additional District Judge, Jalandhar to a Court of competent jurisdiction at Bathinda. No one appears for the respondent despite service. Even on the last date of hearing, no one had appeared. It is the case of the applicant that her marriage was solemnized with the respondent on 2.2.2000 but unfortunately it did not work out. As a result of marital discord, the applicant has preferred a complaint under provisions of Section 498-A, 406, 506, 34 IPC and initiated proceedings under Section 125 Cr.P.C against the respondent at Bathinda. It is the contended case of the learned counsel for the applicant that applicant is having two minor children aged 7 years and 4 years who are studying at Bathinda and it would be difficult for her to go to attend the proceedings at Jalandhar as there is nobody else to take care of her minor TA No. 447 of 2008 2 children. The averments made in the petition have gone uncontroverted as no one has appeared for the respondent despite service.. Accordingly, after hearing learned counsel for the applicant and also keeping in view the observations of Hon'ble Apex Court in case titled as 'Sumita Singh versus Kumar Sanjay and another' AIR 2002 SC 396, I am of the considered opinion that the present application deserves to succeed. Accordingly, the proceedings in the case titled as 'Dinesh Kumar versus Smt. Asha' filed under Section 13 of the Hindu Marriage Act 1955, pending in the Court of Additional District Judge, Jalandhar are transferred to a Court of competent jurisdiction at Bathinda. The Court at Bathinda shall issue notice to the parties for appearance after receipt of the case on transfer March 27, 2009 (Mahesh Grover) rekha Judge