IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.93 of 2008 Date of Decision: 10.11.2008 Renu vs.

Anil Kumar Coram: Present: Hon'ble Mr. Justice Rajive Bhalla. Mr. Anurag Jain, Advocate for the applicant. Mr. Ashwani Talwar, Advocate for the respondent. .... Respondent .... Applicant

Rajive Bhalla, J, (Oral) Prayer in this application is for transfer of a divorce petition, filed by the respondent-husband under Section 13 of Hindu Marriage Act, 1955, from the court of District Judge, Bhiwani, to a court of competent jurisdiction at Hisar. I have heard counsel for the parties and have perused the application for transfer. The grounds pressed into service by the counsel for the applicant are, the distance of 70 kilometres from Hisar to Bhiwani and that the applicant has no male member to accompany her to Hisar. As has been repeatedly held by this Court, distance alone cannot be a ground to transfer a case filed before a court of competent jurisdiction. It would also be necessary to mention here that the plea that the applicant does not have any male member to accompany her to attend the case at Hisar, is incorrect. The applicant's brother is present in the Court. As no valid ground exists for transfer of the case, the application is dismissed. The respondent has, however, agreed that he would pay her a sum of Rs.1100/- irrespective of the amount of maintenance or litigation expenses fixed by the trial court on each date the applicant visits Hisar to attend the case,. In view of what has been stated hereinabove, the application is dismissed. The respondent, however, shall abide by his statement and

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shall pay a sum of Rs.1100/- to the applicant on each date that she visits Hisar for attending divorce proceedings pending before the District Judge, Hisar. Parties are directed to appear before the District Judge, Hisar on 2.12.2008. 10.11.2008 sk (Rajive Bhalla) Judge