TA No.456 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.456 of 2011 Date of decision: 12.12.2011 Kamalpreet Kaur ....Applicant Versus Narinder Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Vivek Rattan, Advocate for the applicant. Mr.HS Deol, Advocate for the respondent ***** Jitendra Chauhan, J.(Oral) The present application has been preferred by the applicant wife, under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ‘Narinder Singh vs. Kamalpreet Kaur’, 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, Sirsa, to the Court of competent jurisdiction at Sangrur. I have heard learned counsel for the parties and perused the case file. From the perusal of the case file, it emerges that the applicant, after having been ousted from her matrimonial home, is presently residing at TA No.456 of 2011 2 her parental home, at village Moranwali, Tehsil Malerkotla, District Sangrur. She is maintaining the minor child, born out of the wedlock. It would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor daughter, to attend the court proceedings at Sirsa, in a petition filed under Section 13 of the Act, filed by the husband, which is at a distance of about 150 Kms. The convenience of the wife cannot be ignored. Considering the fact that the applicant is presently residing at village Moranwali, District Sangrur; primarily in the petition filed by the husband, the convenience of the wife is to be seen, therefore, the balance of convenience is in favour of the applicant-wife and against the respondent- husband. In view of the above, the instant application is allowed, petition under Section 13 of the Act titled as “Narinder Singh vs. Kamalpreet Kaur” from the Court of learned District Judge, Sirsa and is transferred to the court of competent jurisdiction at Sangrur. The complete record pertaining to the case in question shall be sent by the trial court at Sirsa to the learned District Judge, Sangrur, immediately after the receipt of the certified copy of this order. The learned District Judge, Sangrur will either dispose it of himself or entrust it to any court of competent jurisdiction. The parties shall appear before the court of learned District Judge, Sangrur on 5.2.2012 at 10 AM. 12.12.2011 (JITENDRA CHAUHAN) gsv JUDGE