TA No.417 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.417 of 2010 Date of decision : 15.03.2011 Kulwinder Kaur ...Applicant Versus Sukhminder Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. M.S. Dhami, Advocate for the applicant. Mr. Sunil Agnihotri, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been filed under Section 24 of the Code of Civil Procedure, seeking transfer of the petition titled as ‘Sukhminder Singh Vs. Kulwinder Kaur’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional Civil Judge (Sr. Divn.), Dasuya, to the Court of competent jurisdiction at Nawanshahr (S.B.S. Nagar). 2. Learned counsel for the applicant contends that the petition filed by the applicant under Section 13 of the Act, which is pending adjudication before the Court of learned Additional District Judge, Nawanshahr, is prior in time. TA No.417 of 2010 2 3. Learned counsel for the applicant further contends that the applicant is a resident of Nawanshahr. The petition under Section 13 of the Act is a counter-blast to the petition filed by the applicant under Section 9 of the Act. 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. Smt. Kulwinder Kaur, the applicant-wife, is residing at Nawanshahr. The petition filed by the respondent is later in time. It would certainly be difficult for the wife, living at the mercy of her parents, having no source of income and saddled with the responsibility of raising her minor children, to attend the court proceedings at Dasuya, which is at a distance of about 220 kms. for Nawanshahr. 8. Considering the fact that the applicant is a resident of Nawanshahr and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the TA No.417 of 2010 3 applicant-wife and against the respondent. Accordingly, the petition filed by the respondent titled as ‘Sukhminder Singh Vs. Kulwinder Kaur’ under Section 9 of the Act, pending in the Court of learned Additional Civil Judge (Sr. Divn.), Dasuya, deserves to be transferred to Nawanshahr. 9. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Sukhminder Singh Vs. Kulwinder Kaur’ is withdrawn from the Court of learned Additional Civil Judge (Sr. Divn.), Dasuya, and is transferred to the Court of competent jurisdiction at Nawanshahr. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Dasuya to learned District Judge, Nawanshahr, 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, Nawanshahr, on 18.04.2011. 15.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No