TA No.460 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.460 of 2010 Date of decision : 29.03.2011 Paramjit Kaur ...Applicant Versus Aman Singh Dhaliwal ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Malkiat Mann, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. Smt. Paramjit Kaur, the applicant-wife has preferred the instant application under Section 24 of the Code of Civil Procedure, seeking transfer of the petition under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Aman Singh Dhaliwal Vs. Paramjit Kaur’, filed by the respondent from the Court of learned Civil Judge (Sr. Divn.), Moga, to the Court of competent jurisdiction at Barnala. 2. Learned counsel for the applicant contends that the applicant has filed a petition under Section 125 Cr.P.C. claiming maintenance, which is pending adjudication before the Court of learned Civil Judge (Sr. Division), Barnala. It is further averred that the petition TA No.460 of 2010 2 filed by the applicant under Section 125 Cr.P.C. is prior in time. 3. Learned counsel for the applicant further contends that the applicant is residing with her parents since March, 2009, along with young female child of five months. The mother of the applicant is earning her livelihood by working as maid in various houses. She also apprehends threat at the hands of the respondent-husband. 4. Nobody has caused appearance on behalf of the respondent despite service. Accordingly, the respondent is proceeded against ex parte. 5. I have heard the learned counsel for the applicant and perused the record. 6. 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.” 7. Smt. Paramjit Kaur, the applicant-wife, is residing at Barnala. The respondent-husband filed a petition under Section 9 of the Act, which is pending before learned Civil Judge (Sr. Divn.), Moga. It would certainly be difficult for the wife, living at the mercy of her parents, having no source of income and saddled with the responsibility TA No.460 of 2010 3 of raising her minor daughter, to attend the court proceedings at Moga. 8. In the circumstances, when there is a specific averment that the applicant was assaulted by the respondent, this Court is inclined to withdraw the petition under Section 9 of the Act titled as ‘Aman Singh Dhaliwal Vs. Paramjit Kaur’, from the Court of learned Civil Judge (Sr. Divn.), Moga, and transfer the same to the Court of competent jurisdiction at Barnala. 9. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Aman Singh Dhaliwal Vs. Paramjit Kaur’ is withdrawn from the Court of learned Civil Judge (Sr. Divn.), Moga, and is transferred to the Court of competent jurisdiction at Barnala. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Moga to the Incharge District Judge, Barnala, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 10. The parties shall appear before the Court of Incharge District Judge, Barnala, on 25.04.2011. 29.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No