TA No.83 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.83 of 2011 Date of decision : 18.04.2011 Sunita ...Applicant Versus Krishan Lal ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Deepak Goel, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. Mrs. Sunita, the applicant-wife has preferred the instant application under Section 24 of the Code of Civil Procedure, seeking transfer of petition under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Krishan Lal Vs. Sunita’, filed by the respondent from the Court of learned Civil Judge, (Sr. Divn.), Chandigarh, to the Court of competent jurisdiction at Ludhiana. 2. Notice of motion in the instant application was issued on 21.02.2011. From the perusal of the office report, it is apparent that the respondent is evading service. Accordingly, the respondent is proceeded against ex parte. 3. Learned counsel for the applicant contends that the petition TA No.83 of 2011 2 filed by the applicant under Section 6 read with Section 12 of the Protection of Women from Domestic Violence Act, 2005, is pending adjudication before the Court of learned JMIC, Ludhiana. It is further contended that the applicant was thrown out of the matrimonial home and now she is residing at Ludhiana at the mercy of her widowed mother. She also apprehends threat at the hands of the respondent- husband. 4. I have heard the learned counsel for the applicant and perused the record. 5. 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.” 6. Mrs. Sunita, the applicant-wife, is residing at Ludhiana. The respondent-husband filed a petition under Section 9 of the Act, which is pending before learned Civil Judge (Sr. Divn.), Chandigarh. It would certainly be difficult for the wife, living at the mercy of her mother and having no source of income, to attend the court proceedings at Chandigarh. 7. Considering the fact that the applicant is a resident of TA No.83 of 2011 3 Ludhiana and primarily, the convenience of the wife is to be seen, I am of the considered opinion that the balance of convenience is in favour of the applicant-wife and against the respondent. 8. Accordingly, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Krishan Lal Vs. Sunita’ is withdrawn from the Court of learned Civil Judge (Sr. Divn.), Chandigarh, and is transferred to the Court of competent jurisdiction at Ludhiana. 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, Ludhiana, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 9. The parties shall appear before the Court of learned District Judge, Ludhiana, on 18.05.2011. 18.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No