Judgment Amar Dutt, J. 1. Dr. Naresh Kumari has moved the present petition under Section 24 read with Section 151 of the Code of Civil Procedure, for transfer of the case under Section 13 of the Hindu Marriage act, 1955 (hereinafter referred to as "the Act") filed against her by her husband Shri Ajmer Singh, which is pending before the Additional District Judge, Ludhiana. The ground taken by the petitioner to justify the transfer is the fact that she is staying in Rampura Phul and travelling on each date of hearing to Ludhiana would result in unnecessary harassment, as she would be unable to look after the Nursing Home that had been set up by her at Rampura Phul. In these circumstances, she prays that the divorce petition presented against her by her husband at Ludhiana should be transferred to the competent court at Bathinda. 2. In the written reply, Shri Ajmer Singh respondent has controverted the submission made by the petitioner and submitted that there was no reason for transferring the case from Ludhiana to Bathinda as sought for by the petitioner. 3. I have heard the learned counsel for the parties and have perused the record. It is apparent that the petitioner after separating from her husband has set up a Nursing Home at Rampura Phul. Apart from the fact that travelling from Rampura Phul to Ludhiana on the dates of hearing entails some inconvenience, the time which is likely to be consumed in travelling from Rampura Phul to Ludhiana is definitely going to be much more than the time consumed for going from Rampura Phul to Bathinda. Since she alone is managing the Nursing Home, her prolonged absence from the place of work is also likely to effect the functioning of the Nursing Home. Taking all these circum stances into consideration in the light of the observations made by the apex court in Sumita Singh v. Kumar Sanjay and Anr., A.I.R. 2002 S.C. 396 the Civil Misc. is allowed and the petition under Section 13 of the Act, titled as Ajmer Singh v. Dr. Naresh Kumari, pending in the court of Additional District Judge, Bathinda, who will either dispose of the same himself or mark it to any Additional District Judge, Bathinda for disposal in accordance with law.
is allowed and the petition under Section 13 of the Act, titled as Ajmer Singh v. Dr. Naresh Kumari, pending in the court of Additional District Judge, Bathinda, who will either dispose of the same himself or mark it to any Additional District Judge, Bathinda for disposal in accordance with law. The Additional District Judge, Ludhiana, shall take steps to send the record of the case to the District Judge, Bathinda, well before 29.11.2002 on which date the parties have been directed to appear before the transferee Court.