T.A. No. 402 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 402 of 2009 (O&M) Date of Decision: 26.8.2010. Sunita Rani ....Applicant Versus Gursharan Singh ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Jatinder Singla, Advocate for the applicant. Mr. Parvesh Saini, Advocate for the respondent. RAJESH BINDAL J Prayer in the present application is for transfer of divorce petition, titled as Gursharan Singh Vs. Sunita Rani filed under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') by the respondent-husband from the Court of District Judge, Family Court, Hisar to the Court of competent jurisdiction at Sangrur. Learned counsel for the applicant submitted that marriage of the applicant was solemnised with the respondent according to Hindu rites at Sangrur on 9.2.2005. Two children, one male and other female, were born out of the wedlock. The applicant was turned out of matrimonial home on 7.9.2008 after giving severe beatings. As all efforts for reconciliation thereafter remained futile, the applicant filed an application under Section 125 Cr.P.C. and a suit for recovery of arrears of maintenance and an application under Section 12 of The Protection of Women from Domestic Violence Act, 2005 ( for short 'the DV Act)' at Sangrur. As a counter blast to the aforesaid proceedings initiated by the applicant, the respondent filed a divorce petition at Hisar. The respondent- husband is a property dealer. The submission is that it is difficult for the applicant to attend the hearings of the divorce petition filed by the respondent-husband at Hisar, being a poor lady, who is living at the mercy of her parents with no source of income. The applicant is not even being paid any maintenance. It is the convenience of the wife which is to be seen. Considering the aforesaid facts, the T.A. No. 402 of 2009 2 divorce petition filed by the husband at Hisar be transferred to the Court of competent Jurisdiction at Sangrur. Learned counsel for the respondent did not oppose the transfer of divorce petition from Hisar as such, however, he submitted that the respondent- husband was attacked by the family of applicant-wife, when he visited Sangrur, hence, it was prayed that it should be at some other place. Considering the stand of the parties, however, without recording a definite finding thereon, in my opinion, the divorce petition filed by the respondent which is pending in the Court of District Judge, Family Court, Hisar titled as Gursharan Singh Vs. Sunita Rani, deserves to be transferred to the District Judge, Patiala. Ordered accordingly. Parties are directed to appear before District Judge, Patiala on 18.9.2010 for further proceedings. The District Judge may either keep it with him or entrust the same to any other competent Court. The application stands disposed of accordingly. (RAJESH BINDAL) 26.8.2010. JUDGE Reema