T.A.No.136 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.136 of 2011 Date of decision 10.5.2011 Sunita Rani ...Applicant versus Vinod Kumar ...Respondent CORAM : HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Amar Vivek,Advocate for the applicant Mr. V.K.Jindal,Advocate for the respondent .... JITENDRA CHAUHAN.J (ORAL) This is an application filed under section 24 of the Code of Civil Procedure for transfer of the case No. 405 of 18.8.2010 titled “Vinod Kumar v. Sunita Rani” filed under section 13 of the Hindu Marriage Act,1955 (for short the 'Act') from the Court of District Judge,Ludhiana to the court of competent jurisdiction either at Yamunanagar or at Chandigarh. I have heard the learned counsel for the parties and perused the record. The applicant is residing at Yamunanagar with her two minor children and old widowed mother. There is no male member in the family. She is working as a school teacher in a charitable school and is getting meager salary. It would be difficult for the applicant to go to Ludhiana alone to appear in the court proceedings. It would add financial burden on her as she is already having meager resources. It is well settled principle of law that the convenience of the wife has to be kept in view in such like matters as has been noticed by Hon'ble the Supreme Court in Sumitra Singh T.A.No.136 of 2011 2 v. Kumar Sanjay and another, AIR 2002 SC 396 and Neelam Kanwar v. Devinder Singh Kanwar,2001(1) M.L.J.509 (SC). As per statement of learned counsel for the respondent, the applicant herself has left the matrimonial home and is ready to maintain the children. The petition under section 13 of the Act has been filed by the respondent. Keeping in view the facts and circumstances of the case, it would be in the interest of justice if petition filed by the respondent-husband under section 13 of the Act is transferred to the court of competent jurisdiction at Chandigarh. Accordingly, the present application is allowed and the petition titled “Vinod Kumar v. Sunita Rani” (HMA case No. 405 of 18.8.2010) is withdrawn from the court of District Judge,Ludhiana and is transferred to the court of competent jurisdiction at Chandigarh. File shall be sent by the District Judge, Ludhiana to the District Judge,Chandigarh within two weeks from the date of receipt of copy of this order, who will either dispose it of or entrust the same to any other court of competent jurisdiction at Chandigarh. Parties are directed to appear before the District Judge, Chandigarh on 10.6.2011 at 11.a.m. (JITENDRA CHAUHAN) JUDGE 10.5.2011 MS