TA No. 93 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 93 of 2011 Date of decision:30.3.2011 Ramandeep Kaur ...Applicant Versus Amarjit Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr. Amandeep Singh, Advocate, for the applicant. Respondent ex-parte -.- JITENDRA CHAUHAN, J. The applicant-wife has filed the present application for transfer of the petition under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act') filed by the respondent/husband from the Court of Civil Judge (Senior Division), Barnala to the court of competent jurisdiction at Moga. Learned counsel for the applicant contends that the wife/applicant earlier filed the petition under Section 13 of the Act at Moga, which was subsequently withdrawn with the intervention of the elders of the family after the assurance by the respondent that he would mend his ways and shall not harass the applicant in future. However, thereafter, the applicant was thrown out of the matrimonial home. She is now residing at her native village in District Moga. I have heard the learned counsel for the applicant. From the perusal of record, the applicant is residing at the TA No. 93 of 2011 2 mercy of her old parents. There is no male member in the family to accompany the applicant to travel up and down to Barnala to defend the matrimonial proceedings instituted by the husband/respondent. The husband/respondent has instituted the petition in question against the wife, therefore, convenience of the wife must be looked at. It is well settled principle of law that convenience of the wife is to be seen in such matters as has been held in cases of Sumitra Singh Vs. Kumar Sanjay and another, AIR 2002 SC 396, Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC) and Mangla Patil Kale Vs. Sanjeev Kumar, (2003) 10 SCC 280. Keeping in view the financial status of the applicant and the distance between two stations, it would be in the interest of justice if the petition in question is transferred from Barnala to Moga. In view of above, the present application is allowed. The petition filed by the respondent titled `Amarjit Singh vs. Ramandeep Kaur under Section 9 of the Act is withdrawn from the court of learned Civil Judge (Senior Division), Barnala and is transferred to the court of competent jurisdiction at Moga. File shall be sent by the trial Court at Barnala to the Incharge District Judge, Moga, within two weeks from the date of receipt of a certified copy of this order. Parties are directed to appear before the Incharge District Judge, Moga, on 27.4.2011. 30.3.2011 (JITENDRA CHAUHAN) mk JUDGE