TA No.572 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.572 of 2011 Date of decision: 20.12.2011 Pretty @ Simpy ....Applicant Versus Hardeep Singh ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Manoj Dhiman, Advocate for Mr.IPS Kohli, Advocate for the applicant. Respondent ex-parte ***** Jitendra Chauhan, J.(Oral) 1. The present application under Section 24 of the Code of Civil Procedure has been preferred by the applicant wife, praying for the transfer of the civil suit titled as ‘Hardeep Singh versus Pretty @ Simpy’, filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, from the Court of learned Civil Judge, (Senior Division), Ferozepur, to the Court of competent jurisdiction at Nakodar/ Jalandhar. 2. I have heard learned counsel for the applicant and perused the case file. TA No.572 of 2011 2 3. From the perusal of the case file, it emerges that the applicant, after having been ousted from her matrimonial home, is presently residing with her parents. She is maintaining the minor child, born out of the wedlock. There are averments of beating and harassment for insufficient dowry. In this regard, the applicant has lodged an FIR No.17 dated 20.1.2010 under Section 406/498-A/34 of the Indian Penal Code at Police Station Nakodar, District Jalandhar. The petition filed by the respondent -husband under Section 9 of the Act, is later in time. 4. In view of the fact situation, this Court feels that it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor child, to attend the court proceedings at Ferozepur, which is at a distance of 175 Kms. In a petition filed by the husband, the convenience of the wife cannot be ignored. The balance of convenience is in favour of the applicant-wife and against the respondent-husband. 5. In view of the above, the instant application is allowed, petition under Section 9 of the Act titled as “Hardeep Singh vs. Pretty @ Simpy” is withdrawn from the Court of learned Civil Judge (Senior Division), Ferozepur and is transferred to the court of competent jurisdiction at Jalandhar. The complete record pertaining to the case in question shall be sent by the trial court at Ferozepur to the learned District Judge, Jalandhar, within two weeks from the date of receipt of the certified copy of this order. The learned District Judge, Jalandhar will either dispose of it himself or entrust the same to any other competent Court at Nakodar/Jalandhar. TA No.572 of 2011 3 6. The parties shall appear before the court of learned District Judge, Jalandhar on 28.1.2012 at 10 AM. 20.12.2011 (JITENDRA CHAUHAN) gsv JUDGE