IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Transfer Application No. 240 of 2009 Date of decision : December 09, 2009 Kulwinder Kaur ....Petitioner versus Jasjeet Singh ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Gaurav Sharma, Advocate, for the petitioner Mr. Vipin Mahajan, Advocate, for the respondent L.N. Mittal, J. (Oral) Kulwinder Kaur has filed this transfer petition under section 24 of the Code of Civil Procedure for transfer of two cases i.e. petition under the Guardians and Wards Act and divorce petition, both instituted by respondent Jasjeet Singh against the petitioner, from respective courts at Gurdaspur to courts of competent jurisdiction at Amritsar, alleging that petitioner is residing in Amritsar and therefore, it is inconvenient for her to defend the aforesaid cases at Gurdaspur, which is at a distance of about 80 kilometers from Amritsar. I have heard learned counsel for the parties and perused the case file. Learned counsel for the respondent contended that the petitioner is employed in government service. However, this would be a Transfer Application No. 240 of 2009 -2- circumstance in favour of the petitioner for transferring the case to Amritsar because being in service would be additional ground for the petitioner to depict inconvenience of the petitioner in defending the cases at Gurdaspur. In such cases, convenience of the wife has to be seen as per judgments of the Apex Court. In view of the aforesaid, the instant transfer petition is allowed and petition under section 25 read with section 12 of the Guardians and Wards Act (Annexure P/1) titled “Jasjeet Singh versus Kulwinder Kaur” is withdrawn from the court of Mr. Rakesh Kumar, Guardian Judge, Gurdaspur and is transferred to the court of competent jurisdiction at Amritsar. The trial court at Gurdaspur shall send the file of the said case to learned District Judge, Amritsar who shall assign the same to court of competent jurisdiction at Amritsar. Divorce petition (Annexure P/2) titled “Jasjeet Singh versus Kulwinder Kaur” is also transferred from the court of Additional District Judge, Gurdaspur to the court of learned District Judge, Amritsar who shall be at liberty to keep the case with himself or to assign the same to any Additional District Judge, Amritsar. Parties are directed to appear in the court of learned District Judge, Amritsar on 18.1.2010 in both the cases. ( L.N. Mittal ) December 09, 2009 Judge 'dalbir'