TA No. 454 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 454 of 2011 (O&M) Date of decision: 27.9.2011 Narinder Kaur ...Applicant Versus Ranbir Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Ms.J.K.Gurna, Advocate for the applicant. Mr.Jaideep Verma, Advocate for the respondent *** JITENDRA CHAUHAN, J.(Oral) The present applicant has been filed by the applicant/wife seeking transfer of the petition titled as 'Ranbir Singh vs. Narinder Kaur' filed by the respondent-husband, from the court of learned Civil Judge (Senior Division), Rupnagar to the court of competent jurisdiction at Patiala. Learned counsel for the applicant contends that the respondent, who is posted at Chandigarh as Constable is residing at Patiala. Further contends that no family member of the respondent is residing at village Cherriyan, District Rupnagar in the ancestral house and the same is lying abandoned. She refers to the para 7 (iii) of Annexure P-1, wherein the fact that the respondent is having a house at Patiala is reflected. TA No. 454 of 2011 (O&M) 2 On the other hand, learned counsel for the respondent has opposed the prayer of the applicant. I have heard learned counsel for the parties and perused the case file carefully. From the perusal of case file, it emerges that the applicant is residing at her parental house in village Raghomajra, District Patiala, after having been ousted from her matrimonial home. There are averments of continuous beatings and harassment. Further the respondent is also having a house at Patiala. It would certainly be difficult for the wife, having saddled with the responsibility of raising her minor son, to attend the court proceedings at Rupnagar. Considering the facts that the applicant is presently residing with her parents in village Raghomajra, District Patiala; the respondent has a house at Patiala and as primarily, it is the convenience of the wife is to be seen, the present application therefore deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 9 of the Act titled as ‘Ranbir Singh vs. Narinder Kaur' is withdrawn from the Court of learned Civil Judge (Senior Division), Rupnagar and is transferred to the court of competent jurisdiction at Patiala. The complete record pertaining to the case in question shall be sent by the trial Court at Rupnagar, to the learned District Judge, Patiala, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Patiala will either dispose it of himself or entrust it to any Court of competent jurisdiction. TA No. 454 of 2011 (O&M) 3 The parties shall appear before the Court of District Judge, Patiala, on 29.10.2011. 27.09.2011 (JITENDRA CHAUHAN) gsv JUDGE