TA No. 114 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 114 of 2011 Date of decision:22.3.2011 Renuka Joshi @ Puneet Bala ...Applicant Versus Rajesh Kumar Joshi ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Arihant Jain, Advocate, for the applicant. Mr.Sanjiv Gupta, Advocate, for the respondent. -.- JITENDRA CHAUHAN, J. (Oral) This is a transfer petition preferred by the wife. She seeks the transfer of matrimonial proceedings filed by the husband at Tohana, District Fatehabad, to the court of competent jurisdiction at Patiala. The main grouse of the applicant for transferring the matrimonial proceedings is that the applicant is having two minor children. She lost her brother and father in the road accident and now she is all alone. She has also no source of income and in the fact situation, she would not be able to go to and fro to contest the proceedings at Tohana. I have heard the learned counsel for the parties. Both the parties have appeared in person and stated that there are no chances of compromise. The case is withdrawn from the Mediation TA No. 114 of 2011 2 and Conciliation Centre of this Court.. From the perusal of the case, it emerge that the applicant is saddled with the responsibility of two minor children. She has no source of income. The distance between Patiala to Tohana is about 180 kms. The petition filed by the applicant is prior in time. In a dispute between the husband and the wife, normally the wife is at the 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 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. Considering the facts that petition filed by the applicant is prior in time; she is at the mercy of her parents coupled with the fact that she has to maintain two minor children 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 application is allowed. The petition filed by the respondent titled `Rajesh Kumar Vs. Renuka Joshi under Section 9 of the Hindu Marriage Act, 1955, is withdrawn from the court of Additional Civil Judge (Sr. Division), Tohana and is transferred to the court of competent jurisdiction at Patiala. File shall be sent by the trial Court at Tohana to the learned District Judge, Patiala, within two weeks from the date of receipt of a certified copy of this order. The learned District Judge, Patiala, will either dispose it of himself or entrust it to any other Court of TA No. 114 of 2011 3 competent jurisdiction. Parties are directed to appear before the District Judge, Patiala, on 25.4.2011. Accordingly, the present application is allowed. 22.3.2011 (JITENDRA CHAUHAN) mk JUDGE