TA No. 297 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 297 of 2011 Date of decision:8.7.2011 Roshni Devi ...Applicant Versus Jaibir Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Vijay Pal, Advocate, for the applicant. None for the respondent. -.- JITENDRA CHAUHAN, J. The applicant/wife has filed the present application for transfer of the petition under Section 13 of the Hindu Marriage Act, 1955, (for short `the Act') filed by the respondent/husband, from the court of learned District Judge, Jind to the court of competent jurisdiction at Hisar. I have heard the learned counsel for the applicant. From the perusal of case file, it emerges that the applicant is residing in Danoda Kalan, District Hisar, alongwith her minor daughter. There are averments of continuous beatings and harassment of the applicant by the respondent. Two cases, first a criminal case under Sections 498A, 406, 323, 506, 34 IPC and the other under Section 125 Cr.P.C., filed by the applicant are pending before the concerned competent court in District Hisar. In the circumstances, there would be a considerable inconvenience to the wife and the minor daughter to visit on each date of TA No. 297 of 2011 2 hearing to Jind. In a dispute between the husband and the wife, normally the wife is at a receiving end. It is the divorce petition of the husband and it should be conducted in a manner which will least trouble the wife. The balance of convenience is in favour of the applicant and against the respondent. Considering the facts that the applicant along with her minor daughter is residing at Hisar; two petitions filed by the applicant are pending at Hisar and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the present application deserves to be allowed. In view of the above, the instant application is allowed. The petition filed by the respondent titled as `Jaibir Singh vs. Smt. Roshni Devi' under Section 13 of the Act, is withdrawn from the court of learned District Judge, Jind and is transferred to the court of competent jurisdiction at Hisar. File shall be sent by the trial Court at Jind to the learned District Judge, Hisar, within two weeks from the date of receipt of a certified copy of this order. The learned District Judge, Hisar will either dispose it of himself or entrust it to any other Court of competent jurisdiction. Parties are directed to appear before the District Judge, Hisar, on 8.8.2011. 8.7.2011 (JITENDRA CHAUHAN) mk JUDGE