TA No.405 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.405 of 2011 Date of decision : 22.11.2011 Smt. Manisha ...Applicant Versus Devinder Pal ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. R.A. Sheoran, Advocate for the applicant. Mr. Rakesh Gupta, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred by the applicant- wife, under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ‘Devinder Pal Vs. Smt. Manisha’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Faridabad, to the Court of competent jurisdiction at Kaithal. 2. Learned counsel for the applicant contends that the applicant, after having been ousted from the matrimonial home, has been residing at Kaithal with her parents. On a complaint made by the applicant, FIR No.140 dated 12.6.2011 was registered in Police Station TA No.405 of 2011 2 Civil Lines, Kaithal, under Sections 323, 406, 498-A and 506 IPC. In order to avoid the arrest, the respondent entered into a compromise and obtained the bail but later on refused to honour the compromise and to keep the applicant and the daughter. 3. Learned counsel for the applicant further contends that the applicant is a resident of Kaithal, and the purpose of filing the petition under Section 13 of the Act is only to harass the applicant. 4. The learned counsel for the respondent has vehemently opposed the prayer. 5. I have heard the learned counsel for the parties and perused the record. 6. Hon'ble the Supreme Court in Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC), has observed as under:- “…we are mindful of the fact that the petitioner is a lady and first respondent is a male, and, therefore, convenience- wise, a transfer to the place where the lady is residing, would be preferred by this Court unless it is shown that there are special reasons not to do so. No such special reason is shown.” 7. Smt. Manisha, the applicant-wife, is residing at Kaithal. The respondent-husband has filed the petition under Section 13 of the Act, at Faridabad. It would certainly be difficult for the wife, living at the mercy of her parents, saddled with the responsibility of raising her minor daughter and having no source of income, to attend the court TA No.405 of 2011 3 proceedings at Faridabad, which is at a distance of about 250 kms. from the place of her residence. 8. Considering the fact that the applicant is a resident of Kaithal and in a petition filed by the husband against his wife, primarily the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. 9. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Devinder Pal Vs. Smt. Manisha’ is withdrawn from the Court of learned District Judge, (Family Court) Faridabad, and is transferred to the Court of competent jurisdiction at Kaithal. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Faridabad, to the learned District Judge, Kaithal, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Kaithal. 10. The parties shall appear before the learned District Judge, Kaithal, on 17.12.2011. 22.11.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No