JITENDRA CHAUHAN, J. - (1.) THE prayer in the instant application filed under Section 24 of the Code of Civil Procedure, is for transfer of the petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Chandigarh, to the Court of competent jurisdiction at Panipat.
(2.) AS per the office report, previous and fresh notices issued to the respondent have been received back unserved with the report that no such person is residing at the given address. From the perusal of the record, it is made out that the applicant has filed a criminal case against the respondent which is pending at Panipat. The applicant is residing with her parents and does not have any resources to appear and contest her case at Chandigarh, which is at a distance of about 180 kms. from Panipat.
(3.) 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.";