TA No.454 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.454 of 2010 (O&M) Decided on: 14.2.2011 Rekha Dhir …..Applicant Versus Kiran Kumar Dhir .......Respondent CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.Keshav Kataria, Advocate, for the applicant. Mr. Navkesh Singh, Advocate, for the respondent. **** JITENDRA CHAUHAN, J. CM No.4386-CII of 2011 CM is allowed. Annexure R-1 is taken on record. Main case The present application has been filed under Section 24 of the Code of Civil Procedure for transfer of petition titled `Kiran Kumar Dhir Vs. Rekha Dhir' from the court of learned District Judge, Ludhiana to the court of competent jurisdiction at Faridkot. Learned counsel for the applicant submits that though each demand of the respondent was satisfied at the time of marriage but she was regularly being harassed for bringing insufficient dowry, He further submits that the applicant was turned out of the matrimonial home by the respondent on 15.1.2010. The applicant moved an application against the respondent before the police authorities on 28.1.2010. After thorough TA No.454 of 2010 (O&M) 2 investigation, an FIR No.146 dated 3.6.2010 was registered against the respondent and his family members under Sections 498-A/406 IPC, which is still pending before the learned District Judge, Faridkot. Another petition under Section 125 Cr.P.C. is also pending adjudication before the Court at Faridkot. It has further been submitted that the petition under Section 13 of the Act filed by the respondent is a counter blast to the applications filed by the applicant only to harass the applicant and her family members. Learned counsel has next submitted that the distance between Faridkot to Ludhiana is about 120 kms and it would be difficult for the wife, who is living with her parents, to attend the court proceedings at Faridkot, effectively. On the other hand, learned counsel for the respondent has vehemently opposed the prayer of the applicant and submitted that both the children, born out from the wedlock, have been studying at Ludhiana and both the parents have been visiting the children. I have heard learned counsel for the parties. From the facts, it emerge that the applicant moved an application/complaint against the respondent on 28.1.2010. In pursuance thereof, an FIR was registered against the respondent. Another application under Section 125 Cr. P.C. is also pending at Faridkot. Both these applications are prior in time than to the case filed by the respondent. Moreover, the applicant/wife has no source of income and residing at the mercy of her parents. In the fact situation, it would certainly be difficult for the applicant/wife to attend the court proceedings at Ludhiana on each date and return from there, which is about 240 kms to and fro. TA No.454 of 2010 (O&M) 3 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 and Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC). In Neelam Kanwar's case (supra), Hon'ble the Supreme Court 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.” Considering the facts that the applicant has no source of income, she is residing at the mercy of her parents and primarily convenience of the wife is to be seen, in my opinion, it would certainly be in the interest of justice if petition filed by the respondent titled `Kiran Kumar Dhir Vs. Rekha Dhir' is transferred to the court of competent jurisdiction at Faridkot. In view of the above, the present application is allowed and the petition titled `Kiran Kumar Dhir Vs. Rekha Dhir' is withdrawn from the Court of District Judge, Ludhiana and is transferred to the court of competent jurisdiction at Faridkot. File shall be sent by the trial Court at Ludhiana to the learned District Judge, Faridkot within three weeks who will either himself dispose it of or entrust it to any other court of competent jurisdiction. Parties shall appear before the District Judge, Faridkot on 14.3.2011. 14.2.2011 (JITENDRA CHAUHAN) mk JUDGE Note: Whether to be referred to the Reporter/ Yes / No