TA No. 421 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 421 of 2011 Date of decision: 20.9.2011 Rajni ...Applicant Versus Sumit Sood ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Ms.Sumanjeet Kaur, Advocate for the applicant Ms.Ritu Punj, Advocate for the respondent *** JITENDRA CHAUHAN, J.(Oral) The present application has been filed by applicant/wife seeking transfer of the petition titled as `Sumit Sood Vs. Rajni', filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, (for short `the Act') from the court of learned Additional Civil Judge (Junior Division), Ludhiana, to the court of competent jurisdiction at Chandigarh. Learned counsel for the applicant submits that after a few days of marriage, the applicant was ousted from her matrimonial home on account of demand of dowry. He further contends that thereafter, the parents of the applicant made their best efforts to dissolve the matter, but in vain. An FIR No. 284 dated 6.7.2011 has been registered under Sections 406, 498-A at Police Station Sector 34, Chandigarh. He further submits that as a counter blast of the said FIR, respondent has filed a petition under Section 9 of the Act to save himself. He further submits that now the TA No. 421 of 2011 2 applicant is residing in her parental home at the mercy of her parents. The learned counsel for the respondent has vehemently opposed the prayer of the applicant. I have heard the learned counsel for the parties. From the perusal of case file, it reveals that the applicant has been ousted from her matrimonial home and now she is residing at the mercy of her parents at Chandigarh. There are averments of continuous beatings and harassment of the applicant by the respondent. The respondent-husband filed a petition under Section 9 of the Act, which is pending before learned Additional Civil Judge (Junior Division), Ludhiana. She has no source of income and there is no male member in the family to accompany the applicant to Ludhiana for attending the court proceedings, which is at a distance of about 125 Kms. Considering the facts that the applicant is residing at the mercy of her old parents at Chandigarh; she has no source of income and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is on the side of the wife, the applicant. Accordingly, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 9 of the Act titled as ‘Sumit Sood Versus Rajni' is withdrawn from the Court of learned Additional Civil Judge (Junior Division), Ludhiana, and is transferred to the court of competent jurisdiction at Chandigarh. The complete record pertaining to suit in question shall be sent by the trial Court at Ludhiana, to the learned District TA No. 421 of 2011 3 Judge, Chandigarh, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Chandigarh 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, Chandigarh, on 22.10.2011. 20.09.2011 (JITENDRA CHAUHAN) gsv JUDGE