TA NO.533 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH TA NO.533 of 2011 Date of decision:20.10.2011 Pooja Mehta ...Applicant Versus Narinder Kumar Mehta ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.LM Gulati, Advocate for the applicant. Respondent proceeded ex-parte. -.- JITENDRA CHAUHAN, J. The applicant-wife has filed the present application for transfer of the petition titled as `Narinder Kumar Mehta Vs.Pooja Mehta' under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act') filed by the respondent/husband from the court of learned Additional District Judge Jalandhar to the court of competent jurisdiction at Amritsar. I have heard the learned counsel for the applicant. From perusal of the case file, it emerges that the applicant is residing at the mercy of her old parents at Amritsar after being ousted from her matrimonial home. There are averments of continuous beatings and harassment of the applicant by the respondent. A case under Section 498-A IPC filed by the applicant against the respondent is already pending at Amritsar. The applicant has no source of income and there is no one in the family to accompany the applicant to attend the court proceedings at Jalandhar, which is at a distance of about 100 kms. TA NO.533 of 2011 2 It is well settled principle of law that convenience of the wife is to be seen in such like matters as has been held in the cases of Sumitra Singh Vs. Kumar Sanjay and another, AIR 2002 SC 396, Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC) and Mangla Patil Kale Vs.Sanjeev Kumar, (2003) 10 SCC 280. In the circumstances, there would be considerable inconvenience for the wife to visit on each date of hearing to Jalandhar. In a dispute between the husband and the wife, normally the wife is at a receiving end. It is the divorce petition of the husband and it should be conducted in a manner which will least trouble the wife. The balance of convenience is in favour of the applicant/wife and against the respondent/husband. Considering the facts that the applicant is residing at the mercy of her old parents at Amritsar, she has no source of income and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 13 of the Act titled as ‘Narinder Kumar Mehta Versus Pooja Mehta' is withdrawn from the Court of learned Additional District Judge, Jalandhar and is transferred to the court of competent jurisdiction at Amritsar.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 Jalandhar to the learned District Judge, Amritsar within two weeks from the date of receipt of a 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.533 of 2011 3 The parties shall appear before the Court of District Judge, Amritsar, on 28.11.2011. 20.10.2011 (JITENDRA CHAUHAN) mk JUDGE