Transfer Application No. 249 of 2009 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 249 of 2009 (O&M) Date of Decision: 30.10.2009 Shama Joshi ....Petitioner Versus Arun Kumar .......Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri Sourabh Goel, Advocate, for the petitioner. Shri GPS Bal, Advocate, for the respondent. HEMANT GUPTA, J. (Oral). The petitioner has sought transfer of the petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 [ for short `the Act' ], now pending in the Court of learned Additional District Judge, Amritsar, to the Court of competent jurisdiction at Ludhiana. It is the case of the petitioner that the marriage between the parties was solemnised on 22.4.2004 at Amritsar, according to Hindu rites. Out of the said wedlock a male child was born on 15.6.2006. It is pointed out that during the summer vacation of minor child in June, 2009, when the petitioner along with her minor son, came to her Transfer Application No. 249 of 2009 (O&M) [2] parental house, she received a notice of the petition under Section 13 of the Act filed by the respondent-husband. The petitioner has pointed out that her father is an old person and is bed ridden. The petitioner is not possessed of sufficient means to contest the petition at Amritsar, which is 150 kilometers away from Ludhiana. Besides, the petitioner has to maintain a minor child aged 3 years. The respondent has not filed any reply to controvert the allegations contained in the petition. Keeping in view the fact that it may not be possible for the petitioner to contest the petition at Amritsar, as she is not possessed of sufficient means and the fact that she has to maintain a minor child, the petition under Section 13 of the Act, pending in the Court of learned Additional District Judge, Amritsar, is ordered to be transferred to the Court of competent jurisdiction at Ludhiana. It shall be open to the learned District Judge, Ludhiana, to entrust the petition to any other Court of competent jurisdiction. Parties, through their counsel, are directed to appear before the learned District Judge, Ludhiana on 18.11.2009, for further proceedings, in accordance with law. [ HEMANT GUPTA ] JUDGE 30-10-2009 ds