IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 449 of 2011 Date of decision: 19.9.2011 Seema ...Applicant Versus Sunil Kumar ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.JS Saneta, Advocate for the applicant. Mr.Ashwani Gaur, Advocate for the respondent *** JITENDRA CHAUHAN, J.(Oral) This is an application filed by the applicant/wife, for transfer of the divorce petition titled as `Sunil Kumar vs. Seema', filed by the respondent/husband, under Section 13 of the Hindu Marriage Act, 1955, (for short `the Act') from the court of learned District Judge (Family Court), Hisar, to the court of competent jurisdiction at Jind. I have heard the learned counsel for the parties. From the perusal of case file, it emerges that the applicant is residing at her parental house in village Igrah, District Jind, after having been ousted from her matrimonial home. There are averments of continuous beatings, harassment and demand of dowry by the respondent. In this regard, an FIR was lodged by the applicant against the respondent- husband. She has no source of income and there is no one in the family to accompany her to the Court at Hisar, which is more than 100 Kms far away from Jind. TA No. 449 of 2011 -2- In a dispute between the husband and the wife, normally the wife is at the receiving end. It is the divorce petition of the husband and it should be conducted in a manner which will least trouble the wife. The balance of convenience is in favour of the applicant/wife and against the respondent/husband. Considering the facts that the applicant is residing at the mercy of her old parents in village Igrah, District Jind; she has no source of income and primarily, the convenience of the wife is to be seen, therefore, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 13 of the Act titled as ‘Sunil Kumar Versus Seema' is withdrawn from the Court of learned District Judge (Family Court), Hisar and is transferred to the court of competent jurisdiction at Jind. The complete record pertaining to case in question shall be sent by the trial Court at Hisar, to the learned District Judge (Family Court), Jind, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Jind will either dispose it of himself or entrust it to any Court of competent jurisdiction. The parties shall appear before the Court of District Judge, Jind, on 29.10.2011. 19.09.2011 (JITENDRA CHAUHAN) gsv JUDGE