IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Transfer Application No. 218 of 2009 Date of decision : December 10, 2009 Anu ....Petitioner versus Mahabir ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Rajan Bansal, Advocate, for the petitioner None for the respondent L.N. Mittal, J. (Oral) Anu has filed this transfer petition under section 24 of the Code of Civil Procedure for transfer of divorce petition filed under section 13-A of Hindu Marriage Act by Mahabir respondent against the petitioner, from the court of Mr. S.K. Aggarwal, Additional District Judge, Chandigarh to court of competent jurisdiction at Bathinda, alleging that the petitioner is residing at Bathinda and is also having son aged 4 years born out of the wedlock between the parties and therefore, it is highly inconvenient for her to defend the divorce petition at Chandigarh because distance between Bathinda and Chandigarh is about 220-230 kilometers. None has appeared for the respondent. Same was the position on the preceding date of hearing. I have heard learned counsel for the petitioner and perused the case file. Transfer Application No. 218 of 2009 -2- Allegations made in transfer petition stand uncontroverted. In view thereof, it is apparently highly difficult and inconvenient to the petitioner to come from Bathinda to Chandigarh to defend the divorce petition at Chandigarh, the distance being 220-230 kilometers. It is particularly so because the petitioner also has a minor son aged about four years. Moreover, in such cases, as per judgments of the Apex Court, convenience of wife has to be seen. In view of the aforesaid, the instant transfer petition is allowed and divorce petition titled “Mahabir versus Anu” is transferred from the court of Mr. S.K. Aggarwal, Additional District Judge, Chandigarh to the court of learned District Judge, Bathinda who shall be at liberty to keep the same with himself or to assign the same to any Additional District Judge at Bathinda. ( L.N. Mittal ) December 10, 2009 Judge 'dalbir'