KAMALPREET KAUR Vs. JATINDER SINGH

JUDGEMENT

(1.) The present application has been preferred by the applicantwife, under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as 'Jatinder Singh Vs. Kamalpreet Kaur', filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act'), from the Court of learned Additional Civil Judge (Senior Division) Khanna, District Ludhiana, to the Court of competent jurisdiction at Gurdaspur.

(2.) The learned counsel for the applicant states that the wife, after having been ousted from the matrimonial home, is residing at Gurdaspur along with her school-going child, who is studying at a local School at Gurdaspur. The learned counsel further contends that the distance between the two stations is more than 200 kms., therefore, it will be difficult for the wife to go to Ludhiana to defend her case.

(3.) On the other hand, the learned counsel for the respondent submits that at the time of filing the petition under Section 9 of the Act, the wife was residing at Ludhiana, which is reflected in the petition itself. The wife has left the matrimonial home without any rhyme or reason after she joined the Government job. It is further submitted that the petition under Section 9 of the Act was filed on 26.11.2008. On 12.09.2011, the petitioner evidence was closed. On 15.10.2011, the present application was filed. The learned counsel states that all other witnesses are residing at Ludhiana. The applicant has to come from Gurdaspur to get her statement recorded.