TA No.536 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.536 of 2011 (O&M) Date of decision : 09.12.2011 Sunita @ Pinki ...Applicant Versus Sandeep @ Sanjay ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. J.S. Hooda, Advocate for the applicant. Mr. R.A. Sheoran, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) CM No.29226-CII of 2011 The CM application is allowed and Annexure P-1 is taken on record. Main case 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 ‘Sandeep @ Sanjay Vs. Sunita @ Pinki’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Hisar, to the Court of competent jurisdiction at Faridabad. TA No.536 of 2011 2 2. Learned counsel for the applicant contends that after having been ousted from the matrimonial home, the applicant is residing at her parental home at Faridabad. Two children born out of the wedlock are also being maintained by the applicant. Except the old father, there is no other male member in the family to accompany the applicant to Hisar to attend the court proceedings. The sole purpose of filing the petition under Section 13 of the Act at Hisar is to harass the applicant. 3. The learned counsel for the respondent has vehemently opposed the prayer. 4. I have heard the learned counsel for the parties and perused the record. 5. 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, convenience- wise, 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 such special reason is shown.” 6. The applicant-wife is residing at Faridabad. The respondent-husband has filed the petition under Section 13 of the Act, which is pending before learned District Judge, Hisar. 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 of TA No.536 of 2011 3 raising her two minor sons, to attend the court proceedings at Hisar. 7. Considering the fact that the applicant is a resident of Faridabad, and in a petition filed by the husband against his wife, 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. 8. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Sandeep @ Sanjay Vs. Sunita @ Pinki’ is withdrawn from the Court of learned District Judge, Hisar, and is transferred to the Court of competent jurisdiction at Faridabad. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Hisar, to the learned District Judge, Faridabad, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Faridabad. 9. The parties, through their counsel, shall appear before the learned District Judge, Faridabad, on 23.12.2011 at 10.00 a.m. 09.12.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No