Transfer Application NO. 477 OF 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application NO. 477 OF 2009 Date of decision:23rd August, 2010 Jasbir Kaur .......Petitioner Versus Jaspinder Singh ........Respondent BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. H.S.Rakhra, Advocate, for the petitioner. Mr. M.K.Bhatnagar, 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 for transfer of matrimonial proceeding which are pending in the Court of learned District Judge Amritsar to Ropar. The petitioner-wife claims that she is working in Ropar and she has a seven year old school going girl child. Learned counsel for the petitioner contends that she picks up her child every day from day care institution after officer hours near about at 5:00 p.m., that the case is pending in Amritsar which is at a distance of about 200 kilometers from Ropar, that it will be gross inconvenience and that interest of the child will also suffer . 2. The respondent-husband states that there is already a Transfer Application NO. 477 OF 2009 2 decree for restitution and he has now filed an application for divorce where she has remained ex parte. Having allowed the case to be proceeded ex parte, according to him, she cannot now have transfer of the proceedings. 3. It is admitted on both sides that no decree has been passed although she has been set ex parte before the Court at Amritsar. The husband is an agriculturist and he may not have as much inconvenience to travel a little distance more than what a wife may have to travel to participate in the hearings. 4. The petition for transfer is ordered and the case which is pending before the District Court at Amritsar titled as “Jaspinder Singh versus Jasbir Kaur” is withdrawn and ordered to be transferred at the District Court at Nawan Shahar. 5. Parties are directed to appear before the learned District Judge at Nawan Shahar for hearing on 24.09.2010. 6. If any application is filed by the petitioner for setting aside the ex parte order in transferee Court, the Court shall consider the same on its merits. [K.KANNAN] JUDGE 23rd August, 2010 Shivani Kaushik