TA No.561 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.561 of 2011 Date of decision: 1.12.2011 Amarjit Kaur ....Applicant Versus Sohan Lal ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Sarju Puri, Advocate for the applicant. Mr.Surinder Thakur, 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 civil suit titled as ‘Sohan Lal versus Amarjit Kaur’, filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, from the Court of learned Civil Judge, (Senior Division), Hoshiapur, to the Court of competent jurisdiction at SBS Nagar. 2. I have heard learned counsel for the parties and perused the case file. 3. From the perusal of the case file, it emerges that the applicant, after having been ousted from her matrimonial home, is presently residing with her parents. She is maintaining the minor child, born out of the wedlock. The petition filed under Section 125 of the Code of Criminal Procedure at SBS Nagar, is prior in time. The petition filed by the respondent -husband under Section 9 of the Act, appears to the counter TA No.561 of 2011 2 blast. The applicant is an illiterate woman. 4. It would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor child, to attend the court proceedings at Hoshiapur, in a petition filed under Section 9 of the Act, filed by the husband. The convenience of the wife cannot be ignored. 5. Considering the fact that the applicant is presently residing at village Thandian, District Nawanshahar; primarily 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. 6. In view of the above, the instant application is allowed, petition under Section 9 of the Act titled as “Sohan Lal vs. Amarjit Kaur” from the Court of learned Civil Judge (Senior Division), Hoshiarpur and is transferred to the court of competent jurisdiction at SBS Nagar. The complete record pertaining to the case in question shall be sent by the trial court at Hoshiarpur to the learned District Judge, SBS Nagar, within two weeks from the date of receipt of the certified copy of this order. The learned District Judge, SBS Nagar will either dispose it of himself or entrust it to any court of competent jurisdiction. 7. The parties shall appear before the court of learned District Judge, SBS Nagar on 19.12.2011. 1.12.2011 (JITENDRA CHAUHAN) gsv JUDGE