TA No. 472 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 472 of 2011 Date of decision: 28.9.2011 Mandeep Kaur ...Applicant Versus Palwinder Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Ms.Niti Wadhawan, Advocate for Mr.LM Gulati, Advocate for the applicant. None for the respondent. *** JITENDRA CHAUHAN, J.(Oral) The present application has been filed by the applicant-wife seeking transfer of the petition titled as 'Palwinder Singh vs. Mandeep Kaur', filed by the respondent-husband, from the Court of learned Civil Judge (Senior Division), Tarn Taran to the court of competent jurisdiction at Amritsar. Learned counsel for the applicant contends that the respondent-husband is a drug addict. The applicant has been ousted from her matrimonial home on account of insufficient dowry. She is presently residing with her widowed mother and there is no male member in the family to accompany the applicant to attend the court proceedings at Tarn Taran. TA No. 472 of 2011 2 I have heard learned counsel for the applicant and perused the file. From the perusal of the case file, it emerges that the applicant after having been ousted from her matrimonial home, is residing at the mercy of her widowed mother at Amritsar. There are allegation of maltreatment meted out to the applicant on account of insufficient dowry. It would certainly be difficult for the wife, having no resources, to attend the court proceedings at Tarn Taran. Considering the fact that the applicant after having been ousted from her matrimonial home is residing at the mercy of her widowed mother at Amritsar; she has no source of income and primarily the convenience of the wife in the circumstances cannot be ignored, therefore, this Court feels, the balance of convenience is in favour of the wife- applicant. Accordingly, the present application deserves to be allowed. In view of the above, the instant application application is allowed, petition under Section 9 of the Act titled as 'Palwinder Singh vs. Mandeep Kaur' is withdrawn from the court of learned Civil Judge (Senior Division), Tarn Taran, and is transferred to the court of competent jurisdiction at Amritsar. The complete record pertaining to the case in question shall be sent by the trial court at Tarn Taran to the learned District Judge, Amritsar within two weeks from the date of receipt of the certified copy of this order. The learned District Judge, Amritsar will either dispose it of himself or entrust it to any court of competent jurisdiction. TA No. 472 of 2011 3 The parties shall appear before the court of learned District Judge, Amritsar on 29.10.2011 at 10 AM. 28.09.2011 (JITENDRA CHAUHAN) gsv JUDGE