T.A.No.129 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.129 of 2009. Decided on August 04, 2009. Dr.Balwinder Kaur Mann .. Petitioner VERSUS Bachhitar Singh Sidhu. .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.M.S.Mohali, Advocate, for the petitioner. Mr.Raman Mohinder, Advocate, for the respondent. M.M.S. BEDI, J. (ORAL) Parties are present in person in the Court. An attempt made for reconciliation. There does not appear to be any chance of reconciliation at present. This petition has been filed for transfer of a divorce petition filed by the respondent-husband at Sangrur to Patiala, on the ground that the daughter of the petitioner is studying in 10th class, at Patiala, and it will be inconvenient for her to contest the divorce petition filed by the respondent at Sangrur. . . . 1 T.A.No.129 of 2009 Respondent-husband who is present in the Court has stated that he is an Advocate and that he is practicing at Sunam and residing at village Jakhepal. He has undertaken that the pleadings in the case are complete and that after framing of issues, he has to produce his entire evidence on 12.08.2009, at Sangrur. It is claimed that the present transfer petition has bee filed merely to delay the proceedings. Counsel for the petitioner has controverted the date of hearing and stated that the next date of hearing is 10th August 2009. Counsel for the respondent has submitted that he will produce his witnesses, at his own own responsibility, on next date of hearing which is either 10th or 12th of August, 2009. The petitioner has stated that she is residing at Patiala, and that it will be inconvenient for her to produce the witnesses at Sangrur and further she will have to leave her daughter at Patiala, to attend the proceedings at Sangrur. I have considered the convenience of both the parties and I am of the opinion that while deciding a transfer application, it is not the convenience of the lady alone which is to be taken into consideration, but convenience of the litigating husband is also required to be seen, in matrimonial matters. The next date of hearing in the divorce petition pending in the Court of Sh.G.C.Garg, Additional District Judge, Sangrur, as stated by both the parties, is either 10th or 12th of August 2009. The respondent has undertaken to produce his remaining evidence, at his own responsibility, as stated by him before this Court. It will be expedient, in the interest of justice, . . . 2 T.A.No.129 of 2009 in such circumstances, to transfer the divorce petition titled as 'Bachhitar Singh Sidhu Vs.Dr.Balwinder Kaur Mann', pending in the Court of Sh.G.C.Garg, Additional District Judge, Sangrur to the Court of District Judge, Patiala, after 12th August 2009. The respondent will produce all his witnesses, on the next date of hearing at Sangrur. Petitioner who has already engaged a counsel will cross-examine the said witnesses and thereafter, the proceedings will be transferred to District Judge, Patiala. However, it will be open to the District Judge, Patiala, to either keep the case with him for adjudication or to entrust the same to any other Additional District Judge at Patiala. File of the case, complete in all respects, will be sent from Sangrur to Patiala, well within time. Parties are directed to appear before the District Judge, Patiala, on 19.09.2009 With the above said directions, the present petition is allowed. (M.M.S.BEDI) JUDGE August 04, 2009. rka . . . 3