TA No.461 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.461 of 2011 Date of decision: 23.12.2011 Geeta Rani ....Applicant Versus Surinder Kumar ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Parminder Singh, Advocate for the applicant. Mr.SS Momi, Advocate for the respondent ***** Jitendra Chauhan, J.(Oral) 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 ‘Surinder Kumar Vs. Geeta Rani’, filed by the respondent-husband, under Section 13 of the Hindu Marriage Act, 1955, (for short `the Act') from the Court of learned Additional District Judge, (Fast Track Court), Karnal, to the Court of competent jurisdiction at Bathinda. 2. I have heard the learned counsel for the parties and perused the case file. 3. From the perusal of the case file, it emerges that the applicant, after having been ousted from her matrimonial home, is presently residing TA No.461 of 2011 2 with her parents at Bathinda. She is maintaining two children, born out of the wedlock. There are averments of maltreatment and harassment by the respondent. She has no source of income and is dependent on her parents. She also apprehends threat to her life and liberty at Karnal, in case she goes to attend the Court there. The father of the applicant is a mentally ill person and there is no other person in the family to accompany her to the Court at Karnal, which is at distance of 400 Kms. from her residence. 4. Considering the facts that the applicant is presently residing at Bathinda; it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her two children, to attend the court proceedings at Karnal. Primarily, the convenience of the wife is to be seen, therefore, the present application deserves to be allowed. 5. In view of the above, the instant transfer application is allowed. Petition under Section 13 of the Act titled as ‘Surinder Kumar Versus Geeta Rani' is withdrawn from the Court of learned Additional District Judge (FTC), Karnal and is transferred to the court of competent jurisdiction at Bathinda. The complete record pertaining to the case in question shall be sent by the trial Court at Karnal, to the learned District Judge, Bathinda, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Bathinda will either dispose it of himself or entrust it to any Court of competent jurisdiction. 6. The parties shall appear before the Court of District Judge, Bathinda, on 28.2.2012 at 10 AM. 23.12.2011 (JITENDRA CHAUHAN) gsv JUDGE