TA NO.540 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH TA NO.540 of 2011 Date of decision:21.10.2011 Anu Sharma ...Applicant Versus Kunal Sharma ...Respondent(s) CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Vaibhav Sehgal, Advocate for the applicant. Respondent ex parte. -.- JITENDRA CHAUHAN, J. The present application has been filed by the applicant wife for transfer of the petition filed by the respondent/husband under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act') titled as `Kunal Sharma Vs. Anu Sharma' from the court of Additional District Judge, Jalandhar to the court of competent jurisdiction at Ludhiana. As per the service report, it appears that the respondent is evading service and accordingly, he is proceeded against ex parte. I have heard the learned counsel for the applicant. From the perusal of the file, it emerges that the applicant has been residing with her parents at Ludhiana after being ousted from the matrimonial home. There are continuous averments of maltreatment and harassment of the applicant by the respondent. The FIR lodged by the TA NO.540 of 2011 2 applicant is prior in time to the FIR lodged by the respondent. She has no source of income and there is no one in the family to accompany the applicant to attend the court proceedings at Jalandhar. In the circumstances, there would be considerable inconvenience to the applicant-wife to go to Jalandhar. In the matrimonial cases, normally the wife is at a receiving end. The balance of convenience is in favour of the applicant and against the respondent. It is well settled principle of law that convenience of the wife is to be seen in such like matters as has been held in the cases of Sumitra Singh Vs. Kumar Sanjay and another, AIR 2002 SC 396, Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC) and Mangla Patil Kale Vs.Sanjeev Kumar, (2003) 10 SCC 280. Keeping in view the facts that the applicant is living at Ludhiana; she has no source of income and primarily the convenience of the wife is to be seen, in my opinion, the present application deserves to be allowed. In view of the above, the present application is allowed. The petition filed by the respondent titled `Kunal Sharma Vs. Anu Sharma' under Section 13 of the Act is withdrawn from the court of learned Additional District Judge, Jalandhar and is transferred to the court of competent jurisdiction at Ludhiana. File shall be sent by the trial Court at Jalandhar to the learned District Judge, Ludhiana, within two weeks from the date of receipt of a certified copy of this order. The learned District Judge, Ludhiana will either dispose it of himself or entrust it to any other Court of competent jurisdiction. TA NO.540 of 2011 3 Parties are directed to appear before the District Judge, Ludhiana, on 28.11.2011. 21.10.2011 (JITENDRA CHAUHAN) Mks JUDGE