T.A No.300 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A No.300 of 2009 Date of Decision: 10.12.2009 Baljinder Kaur .……Petitioner Versus Ashok Kumar ……Respondent Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr.Amit Rishi, Advocate for Mr. Sunil Toni, Advocate for the petitioner. Mr. Manjul Sood, Advocate for respondent. L. N. MITTAL, J (ORAL) Baljinder Kaur has filed this transfer petition under Section 24 of the Code of Civil Procedure (in short, C.P.C) for transfer of petition under Section 9 of the Hindu Marriage Act, 1955 instituted by respondent-Ashok Kumar against the petitioner, from the Court of Sh. K. S. Sullar, Civil Judge (Junior Division), Hoshiarpur to the Court of competent jurisdiction at Chandigarh, alleging that the petitioner is residing at Chandigarh and, therefore, it is highly inconvenient for her to defend the aforesaid petition at Hoshiarpur. It is also alleged that the petitioner had already filed divorce petition at Chandigarh, in addition to petition under Section 125 of the Code of Criminal Procedure (in short, Cr.P.C) as well as FIR under Sections 406 and 498-A IPC. Reply on behalf of respondent filed today in Court is taken on record. Copy given to the opposite counsel. I have heard learned counsel for the parties and perused the case file. T.A No.300 of 2009 -2- It is undisputed that the petitioner is residing at Chandigarh. The petition filed by respondent is pending at Hoshiarpur. The distance between Hoshiarpur and Chandigarh is stated to be around 130 Kms. Consequently, it is inconvenient and difficult for the petitioner to defend the aforesaid petition at Hoshiarpur. Learned counsel for respondent contended that it would be difficult for the respondent to bring his witnesses in his case from Distt. Hoshiarpur to Chandigarh. However, the petitioner would also face the same difficulty in taking her witnesses from Chandigarh to Hoshiarpur. As per judgments of Hon’ble Apex Court, convenience of the wife has to be preferred in such cases. Moreover, the respondent is already appearing at Chandigarh in divorce petition filed by the petitioner. In view of the aforesaid, the instant transfer petition is allowed and petition under Section 9 of the Hindu Marriage Act, 1955 titled as 'Ashok Kumar versus Baljinder Kaur' is withdrawn from the Court of Sh. K. S. Sullar, Civil Judge (Junior Division), Hoshiarpur and is transferred to the Court of competent jurisdiction at Chandigarh. File of the petition shall be sent by the Trial Court at Hoshiarpur to learned District Judge, Chandigarh, who shall assign the same to any Court of competent jurisdiction at Chandigarh. ( L. N. MITTAL ) JUDGE 10.12.2009 A. Kaundal