TA No.115 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.115 of 2011 Date of decision : 21.04.2011 Kamaldeep Kaur ...Applicant Versus Gurdip Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Achin Gupta, Advocate for the applicant. Mr. Sameer Sachdeva, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. 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 ‘Gurdip Singh Vs. Kamaldeep Kaur’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Civil Judge (Jr. Divn.), Chandigarh, to the Court of competent jurisdiction at Bathinda. 2. Learned counsel for the applicant contends that the applicant has filed a petition under Section 125 Cr.P.C. which is pending adjudication before the Court of learned CJM, Bathinda. TA No.115 of 2011 2 3. Learned counsel for the applicant further contends that the applicant is a resident of Bathinda and the purpose of filing the petition under Section 9 of the Act is only to harass the applicant. She is suffering from mental illness and depression. There is no male member to accompany the applicant to the Court at Chandigarh. The distance between the two stations is stated to be around 230 kms. 4. Learned counsel for the respondent has vehemently opposed the prayer. 5. I have heard the learned counsel for the parties. 6. 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, 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.” 7. Kamaldeep Kaur, the applicant-wife, is residing at Bathinda. The respondent-husband filed a petition under Section 9 of the Act, which is pending before learned Civil Judge (Jr. Divn.), Chandigarh. It would certainly be difficult for the wife, living at the mercy of her parents, having no source of income and suffering from the ailments averred in the petition, to attend the court proceedings at Chandigarh. TA No.115 of 2011 3 8. Considering the fact that the applicant is a resident of Bathinda and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. 9. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Gurdip Singh Vs. Kamaldeep Kaur’ is withdrawn from the Court of learned Civil Judge (Jr. Divn.), Chandigarh, and is transferred to the Court of competent jurisdiction at Bathinda. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Chandigarh to the learned District Judge, Bathinda, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 10. The parties shall appear before the Court of learned District Judge, Bathinda on 21.5.2011. 21.4.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No