TA No. 374 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 374 of 2011 Date of decision: 12.10.2011 Poonam ....Applicant Versus Amit ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Diwan S.Adlakha, Advocate for the applicant. Mr.Sanjay Verma, Advocate for the respondent ***** 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 ‘Amit Vs. Poonam’, 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, Chandigarh, to the Court of competent jurisdiction at Yamunanagar at Jagadhri. 2. Heard. 3. 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 TA No. 374 of 2011 2 and first respondent is a male, and, therefore, conveniencewise, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reasons not to do so. No special reason is shown.” 4. Smt.Poonam, the applicant-wife is presently residing with her widowed mother at Village Guglon, District Yamunanagar after having been turned out from her matrimonial home. The applicant has filed a complaint before the police at Yamunanagar. Thereafter, in order to save his skin, the respondent has filed the said petition at Chandigarh only to harass and humiliate the applicant. 5. Considering the facts that the applicant is presently residing with her widowed mother at village Guglon, District Yamunanagar; it would certainly be difficult for the wife, having no source of income , to attend the court proceedings at Chandigarh 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the instant transfer application is allowed, petition under Section 13 of the Act titled as ‘Amit versus Poonam' is withdrawn from the Court of learned Additional District Judge, Chandigarh, and is transferred to the court of competent jurisdiction at Yamunanagar at Jagadhri. The complete record pertaining to case in question shall be sent by the trial Court at Chandigarh, to the learned District Judge, Yamunanagar, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Yamunanagar at Jagadhri will either dispose it of TA No. 374 of 2011 3 himself or entrust it to any Court of competent jurisdiction. 7. The parties shall appear before the Court of District Judge, Yamunanagar at Jagadhri, on 19.11.2011. 12.10.2011 (JITENDRA CHAUHAN) gsv JUDGE