TA No.10 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.10 of 2011 Date of decision : 08.03.2011 Jyoti ...Applicant Versus Piyush Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ravinder Malik Ravi, Advocate for the applicant. Mr. Rakesh Nehra, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. Jyoti, the applicant-wife, has filed the instant application under Section 24 of the Code of Civil Procedure, seeking transfer of the petition titled as ‘Piyush Kumar Vs. Smt. Jyoti’, 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, Jhajjar to the Court of competent jurisdiction at Jagadhri. 2. The 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 JMIC, Jagadhri. TA No.10 of 2011 2 3. The learned counsel for the applicant further contends that the applicant is a resident of Jagadhri and the purpose of filing the petition under Section 13 of the Act is only to harass the applicant. She also apprehends threat at the hands of the respondent-husband. 4. Learned counsel for the respondent has vehemently opposed the prayer. 5. I have heard the learned counsel for the parties. 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. Jyoti, the applicant-wife, is residing at Yamuna Nagar. The respondent-husband filed a petition under Section 13 of the Act, which is pending before learned District Judge, Jhajjar. It would certainly be difficult for the wife, living at the mercy of her parents and having no source of income, to attend the court proceedings at Jhajjar. 8. Considering the fact that the applicant is a resident of Yamuna Nagar and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. Accordingly, the petition TA No.10 of 2011 3 filed by the respondent titled as ‘Piyush Kumar Vs. Smt. Jyoti’ under Section 13 of the Act, pending in the Court of learned Additional District Judge, Jhajjar, deserves to be transferred to Jagadhri. 9. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Piyush Kumar Vs. Smt. Jyoti’ is withdrawn from the Court of learned Additional District Judge, Jhajjar, and is transferred to the Court of competent jurisdiction at Jagadhri. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Jhajjar to the learned District Judge, Jagadhri, 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 learned District Judge, Jagadhri, on 04.04.2011. 08.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No