TA No.522 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.522 of 2010 Date of decision:15.2.2011 Amarpreet Kaur ...Applicant Versus Baljinder Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Parveen Kumar, Advocate, for the applicant. Mr.Chaman Lal Pawar, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) This is an application filed under Section 24 of the Code of Civil Procedure for transfer of the petition titled `Baljinder Singh Lamba Vs. Amarpreet Kaur' under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act') from the Court of Additional District Judge, Jalandhar to the court of competent jurisdiction at Shaheed Bhagat Singh Nagar (Nawanshahar). Learned counsel for the applicant submits that the applicant is a resident of District Nawanshahar. She has no source of income and is living with her parents alongwith her minor daughter. The distance between Banga (Nawanshahr) to Jalandhar is about 55 kms and it is difficult for the applicant to attend the court proceedings on each and every date. It has further been submitted that the applicant lodged a report to the police authorities against the respondent as well as his family members. In pursuance thereof, an FIR No.310 dated 13.11.2009 under TA No.522 of 2010 2 Sections 406/498-A IPC has been registered at Nawanshahar. Thereafter, the applicant moved an application under Section 125 Cr. P.C. for maintenance at Nawanshahar. Learned counsel has also submitted that both these cases are prior in time. It has further been submitted that divorce petition under Section 13 of the Hindu Marriage Act has been filed by the respondent at Jalandhar only with a view to harass the applicant. On the other hand, learned counsel for the respondent has vehemently opposed the prayer of the applicant I have heard the learned counsel for the parties. Admittedly, the applicant filed a complaint before the police authorities and in pursuance thereof, an FIR under Sections 406/498-A IPC has been registered against the respondent and his family members, which is pending at Nawanshahar. Besides this, the applicant also moved an application under Section 125 Cr. P.C. at Nawanshahar. The cases filed by the applicant is prior in time than to the case filed by the respondent. The petition under Section 13 of the Act filed by the respondent appears to be a counter blast to the cases filed by the applicant. There is a small daughter from the marriage who is with the applicant. The applicant has no source of income and is living at the mercy of her parents. In the matrimonial cases, wife is normally at receiving end. The balance of convenience is in favour of the applicant and against the respondent. 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, (for) convenience of wife, TA No.522 of 2010 3 a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reason not to do so. No special reason is shown.” Considering the fact that the cases filed by the applicant are already pending against the respondent at Nawanshahar; she is a resident of District Nawanshashar and primarily the convenience of the wife is to be seen, in my opinion, the petition filed by the respondent titled `Baljinder Singh Lamba Vs. Amarpreet Kaur' under Section 13 of the Act, pending in the Court of Additional District Judge, Jalandhar to be transferred to the court of competent jurisdiction at Nawanshahar. In view of the aforesaid, the instant transfer petition is allowed and petition under Section 13 of the Act titled `Baljinder Singh Lamba Vs. Amarpreet Kaur' is withdrawn from the court of Additional District Judge, Jalandhar and is transferred to the court of competent jurisdiction at Nawanshahar. File shall be sent by the trial Court at Jalandhar to learned District Judge, Nawanshahr, who will either himself dispose it of or entrust it to any other court of competent jurisdiction at Nawanshahar. Parties are directed to come present before the District Judge, Nawanshahar, on 15.3.2011. 15.2.2011 (JITENDRA CHAUHAN) mk JUDGE Note: Whether to be referred to the Reporter? Yes / No