TA No. 387 of 2010 (1) In the High Court of Punjab & Haryana at Chandigarh TA No. 387 of 2010 (O&M) Date of decision : 21.12.2010 Smt. Sarita Rani ... Applicant vs Sugan Chand Khatak .... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Parties in person. Rajesh Bindal J. Prayer in the application is for transfer of the divorce petition filed by the husband at Kurukshetra to Chandigarh. It is submitted by the applicant that the marriage of the parties was solemnised on 14.1.2003 as per Hindu rites. Out of the wedlock, one son was born, who is now residing with the mother. Prior to the marriage, the applicant was widow having two sons from her previous wedlock. It was further submitted that the respondent had entered into marriage with the applicant while taking liability of maintenance of her two sons born out of previous wedlock. She was turned out of the matrimonial home on 3.9.2005 as she had brought insufficient dowry. She is residing in the house of her maternal grand-father along with her minor son born out of this wedlock. Whereas the husband is working as a Drawing Master in Government High School, Jalbehra, Ismalabad, District Kurukshetra. The petition for divorce has been filed by the husband at Kurukshetra only to harass the applicant wife. The distance from Kurukshetra to Chandigarh is more than 110 kilometers. It is submitted that there is no one to look after the children and it is very difficult for her to attend the proceedings at Kurukshetra. The respondent- husband is already attending the proceedings in the petition filed by the wife under Section 125 Cr.P.C. at Chandigarh. The husband is attending the aforesaid case at Chandigarh and it will not be difficult for him to attend these proceedings at Chandigarh. On the other hand, the respondent denied the allegations levelled in the application against him but to the difficulties to be faced by the wife to attend the proceedings along with minor children could not be disputed by him. Heard learned counsel for the parties and perused the paper-book. It is not disputed by the learned counsel for the respondent that the TA No. 387 of 2010 (2) wife is now residing at Chandigarh with minor children. It is very difficult for her to attend the proceedings at Kurukshetra along with minor children. The issue regarding transfer of matrimonial proceedings almost in similar circumstances came up for consideration before this Court as well in a number of cases earlier. It has been the consistent view that primarily the convenience of the wife is to be given weightage for ordering transfer of proceedings at or near the place where she is residing. Accordingly, the divorce petition filed by the husband at Kurukshetra is transferred to Chandigarh. Parties are directed to appear before the District Judge, Chandigarh, on 3.1.2011 for further proceedings. The District Judge, Chandigarh may either keep it with him or entrust the same to any other competent Court. The application stands disposed of accordingly. 21.12.2010 (Rajesh Bindal) vs Judge