TA No. 370 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 370 of 2011 Date of decision: 22.9.2011 Pooja Sharma ...Applicant Versus Parvinder Kumar Sharma ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.JK Goel, Advocate for the applicant. Mr.Surmukh Singh, Advocate for the respondent *** JITENDRA CHAUHAN, J.(Oral) The present application has been filed by the applicant-wife seeking transfer of the petition titled as “Parvinder Kumar Sharma vs. Pooja Sharma” from the Court of learned Additional Civil Judge (Senior Division), Malout to the court of competent jurisdiction at Kaithal. Learned counsel for the applicant contends that the applicant alongwith her minor son, who is studying in a local school after having ousted from her matrimonial home has been residing with her parents since 2006, in view of settlement (Annexure P-1) reached between the parties on 2.10.2006. Further contends that respondent-husband has filed a petition under Section 9 of the Hindu Marriage Act, 1955, with a view to humiliate and harass the applicant. Per contra, learned counsel for the respondent contends that TA No. 370 of 2011 2 the petition under Section 9 of the Act filed by the respondent is a part of the effort to save the marriage. Further contends that there is no one in the family of the respondent to look after his old and sick mother, as she is suffering from many age related ailments. I have heard learned counsel for the parties and perused the file. From the perusal of the case file, it emerges that the applicant alongwith her minor son had been ousted from her matrimonial home. She is permanently residing at the mercy of her old parents at Kaithal. It would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor son, to attend the court proceedings at Malout in a petition filed under Section 9 of the Act filed by the husband, which is at a distance of about 300 Kms. The convenience of the wife cannot be ignored Considering the fact that the applicant is presently residing at Kaithal; 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. In view of the above, the instant application application is allowed, petition under Section 9 of the Act titled as “Parvinder Kumar Sharma vs. Pooja Sharma” from the Court of learned Additional Civil Judge (Senior Division), Malout and is transferred to the court of competent jurisdiction at Kaithal. The complete record pertaining to the case in question shall be sent by the trial court at Malout to the learned TA No. 370 of 2011 3 District Judge, Kaithal within two weeks from the date of receipt of the certified copy of this order. The learned District Judge, Kaithal will either dispose it of himself or entrust it to any court of competent jurisdiction. The parties shall appear before the court of learned District Judge, Kaithal on 29.10.2011. 22.09.2011 (JITENDRA CHAUHAN) gsv JUDGE