MANPREET KAUR Vs. RAKESH KUMAR

JUDGEMENT

(1.) Applicant, by way of instant application under Section 24 of the Code of Civil Procedure, seeks transfer of a petition under Section 9 of the Hindu Marriage Act, 1955 (for short 'HM Act') titled as Rakesh Kumar Vs. Manpreet Kaur filed by the respondent-husband from SAS Nagar (Mohali) to Patiala.

(2.) It has gone undisputed before this Court that applicant-wife along with her minor child, is living with her parents at Patiala. The child is pursuing his study at Patiala. Applicant is serving at Patiala. No other litigation is pending between the parties except the abovesaid petition under Section 9 of the HM Act filed by the respondent-husband, which is sought to be transferred from Mohali to Patiala. Distance between Mohali and Patiala is about 60 kilometers.

(3.) The abovesaid view taken by this Court also finds support from the order dated 16.03.2016 passed by this Court in TA No.945 of 2015 (Sushma and others Vs. Kapil @ Sahil Bansal), which, in turn, was based on the judgments of the Hon'ble Supreme Court, as well as different High Courts, including this Court.