- (1.) Instant transfer petition under Section 24 of Code of Civil Procedure. (in short, 'CPC') for transfer of divorce petition filed by her husband Aman Kumar respondent herein under Section 13 of the Hindu Marriage Act, from the Court at Chandigarh to Court at Jhajjar.
(2.) The petitioner, it is alleged, is residing in District Jhajjar, whereas the divorce petition is pending at Chandigarh and it is highly inconvenient for the petitioner to defend the divorce petition at Chandigarh. Reply on behalf of respondent, filed today in court, is taken on record, subject to all just exception. Copy given to the opposite counsel. I have heard learned counsel for the parties and perused the case file.
(3.) Learned counsel for the respondent/husband contended that the respondent is ready to bear the expenses of the petitioner/wife for coming to Chandigarh for defending the divorce petition at Chandigarh. The contention cannot be accepted because the respondent/husband himself can bear the expenses for going from Chandigarh to Jhajjar to pursue the divorce petition. In such cases convenience of the petitioner/wife is to be seen unless there is some other special reason for declining the prayer of the petitioner/wife. In the instant case, the petitioner/wife is resident of Jhajjar, which is said to be at a distance of about 300 kilometers from Chandigarh. Apparently, it is highly difficult and highly inconvenient for a female aged about 20 years coming from the hinterland of Haryana to defend the divorce petition at Chandigarh. In view of the aforesaid, the instant transfer petition is allowed. Divorce petition No.9741 of 2011 titled as Aman Kumar versus Kavita Annexure P-1 is withdrawn from the court of Mrs. Preeti Sahni, Additional District Judge, Chandigarh and is transferred to the Court of competent jurisdiction at Jhajjar. File of the divorce petition shall be sent by the transferrer Court to learned District and Sessions Judge, Jhajjar, who shall either keep the divorce petition with himself or assign it to the Court of competent jurisdiction. Parties are directed to appear before the District and Sessions Judge, Jhajjar on 08.11.2011. Petition allowed.;