IN THE  SUPREME COURT OF INDIA                  CIVIL  APPELLATE  JURISDICTION                                     CIVIL  APPEAL NO. 3175  OF 2009   

(Arising out of SLP(C) No. 19578/2008)    

Rajni Vaid ..   Appellant(s)                   

  Versus

Naveen Vaid ..   Respondent(s)                                                            O R D E R

 Leave granted.

Challenge in this appeal is to order dated 28th May, 2008, passed by the  

High Court of Punjab & Haryana in T.A. No.188 of 2008.  By the impugned order, a  

learned  Single  Judge  of  the  High  Court  has  dismissed  the  petition  filed  by  the  

appellant  under Section 24 read with 151 of  the Code of  Civil  Procedure seeking  

transfer  of  the  case  titled  Naveen  Vaid  vs.  Rajni  Vaid  pending  in  the  Court  of  

Additional District Judge, Panipat to the Court of competent jurisdiction at Gurgaon.  

The sole factor which has weighed with the High Court in dismissing the application  

is that the respondent-husband has never insisted upon the personal presence of the  

wife on every date of hearing.   

We have heard learned counsel for the parties.

..2/-

CA 3175/2009...contd..

: 2 :

Learned counsel  appearing  for the respondent-husband  very fairly  states  

that the respondent has no objection to the transfer of the afore-mentioned case to  

any Court at Gurgaon.

Accordingly, the appeal is allowed; the impugned order is set aside and it is  

ordered that  suit, being H.M.A. No. 41 of 2008, filed under Section 9 of the Hindu  

Marriage Act, 1955, pending in the Court of Additional District Judge, Panipat shall  

stand transferred to the Court of District and Sessions Judge, Gurgaon, who may  

assign it to a Court dealing with matrimonial cases/family Court.

The appeal stands disposed of accordingly.  

                                       ...................J.            [D.K. JAIN]  

                                       ...................J.            [B.SUDHERSHAN REDDY]                         

NEW DELHI, MAY 04, 2009.