TA No.618 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.618 of 2011 Date of decision: 8.12.2011 Varuna Gandhi ....Applicant Versus Pankaj Gandhi ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Gaurav Sethi, Advocate for the applicant. Respondent ex-parte ***** 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 petition titled as ‘Pankaj Gandhi Vs. Varuna Gandhi’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955, (for short `the Act') from the Court of learned Additional District Judge, Kaithal, to the Court of competent jurisdiction at Ambala. 2. The respondent was served in person, but he failed to appear in this Court. Thus, this Court is left with no alternative except to hear the case in his absence. 3. I have heard the learned counsel for the applicant and perused the record. TA No.618 of 2011 2 4. From the perusal of case file, it emerges that the applicant, after having been ousted from her matrimonial home, is presently residing with her parents at Ambala Cantt. She is maintaining the child, born out of the wedlock. There are averments of continuous beatings, harassment and demand of dowry by the respondent. In this regard, an FIR No.58 dated 21.2.2011,was lodged at Police Station Mahesh Nagar, Ambala Cantt., by the applicant against the respondent-husband. She has no source of income and there is no one in the family to accompany her to the Court at Kaithal. She cannot effectively defend herself at Kaithal, which is at distance of 75 Kms. from her residence. 5. Considering the facts that the applicant is presently residing at Ambala Cantt; it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor daughter, to attend the court proceedings at Kaithal and primarily, the convenience of the wife is to be seen, therefore, the present application deserves to be allowed. 6. In view of the above, the instant transfer application is allowed, petition under Section 13 of the Act titled as ‘Pankaj Gandhi Versus Varuna Gandhi' is withdrawn from the Court of learned Additional District Judge, Kaithal and is transferred to the court of competent jurisdiction at Ambala. The complete record pertaining to the case in question shall be sent by the trial Court at Kaithal, to the learned District Judge, Ambala, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Ambala will either dispose it of himself or entrust it to any Court of competent jurisdiction. TA No.618 of 2011 3 7. The parties shall appear before the Court of District Judge, Ambala, on 23.12.2011 at 10 AM. 8.12.2011 (JITENDRA CHAUHAN) gsv JUDGE