TA No.102 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.102 of 2011 Date of decision : 07.04.2011 Nisha ...Applicant Versus Rakesh Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. T.C. Dhanwal, Advocate for the applicant. Mr. Amit Shivrain, Advocate for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. Smt. Nisha, the applicant-wife has preferred the instant application under Section 24 of the Code of Civil Procedure, seeking transfer of petition under Section 12(1)(b) and 12(1)(c) or in the alternative under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Rakesh Kumar Vs. Nisha’ (Annexure P-1), filed by the respondent from the Court of learned Additional District Judge, Jhajjar, to the Court of competent jurisdiction at Bhiwani. 2. I have heard the learned counsel for the parties. 3. From the averments made in the application which go unrefuted by the learned counsel for the respondent, it is made out that the applicant is suffering from Epilepsy. Already, a petition under TA No.102 of 2011 2 Section 125 Cr.P.C. preferred by the applicant is pending at Bhiwani. 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. Keeping in view the poor health of the applicant, it would be in the interest of justice if the petition filed by the respondent titled as ‘Rakesh Kumar Vs. Nisha’ (Annexure P-1), pending in the Court of learned Additional District Judge, Jhajjar, is transferred to Bhiwani 6. Accordingly, the instant transfer application is allowed and the petition Annexure P-1 titled as ‘Rakesh Kumar Vs. Nisha’ is withdrawn from the Court of learned Additional District Judge, Jhajjar, and is transferred to the Court of competent jurisdiction at Bhiwani. The entire record of the petition shall be sent by the trial Court at Jhajjar to the learned District Judge, Bhiwani, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 7. The parties shall appear before the Court of learned District Judge, Bhiwani, on 01.05.2011 at 11.00 a.m. through their counsel. TA No.102 of 2011 3 07.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No