TA No. 306 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 306 of 2011 Date of decision: 28.9.2011 Smt.Manisha ...Applicant Versus Sultan Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.NK Malhotra, Advocate for the applicant. Mr.Nitin Rathee, Advocate for the respondent *** JITENDRA CHAUHAN, J.(Oral) The present application has been preferred by the applicant- wife, under Section 24 of the Code of Civil Procedure, seeking transfer of the petition titled as ‘Sultan Singh Vs. Smt. Manisha’, filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955, (for short `the Act') from the Court of learned District Judge (Family Court), Sonepat, to the Court of competent jurisdiction at Rohtak. I have heard learned counsel for the parties and perused the case file. 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, for conveniencewise, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is TA No. 306 of 2011 2 shown that there are special reasons not to do so. No special reason is shown.” The applicant is presently residing with her widowed mother at Rohtak, after having been ousted from her matrimonial home. There are averments of beatings and harassing. She has no source of income. The applicant has also filed an application under Section 125 Cr.P.C. for grant of maintenance, which is pending at Rohtak with a competent court. The petition filed by the applicant is prior in time. It would certainly be difficult for the wife, having no source of income and living at the mercy of her widowed mother, to attend the court proceedings at Sonepat. Keeping in view the above, the present application is allowed and the petition under Section 13 of the Act titled as ‘Sultan Singh Vs. Smt.Manisha’ is withdrawn from the Court of learned District Judge, (Family Court), Sonepat and is transferred to the Court of competent jurisdiction at Rohtak. The entire record pertaining to the petition under Section 13 of the Act, shall be sent by the trial Court at Sonepat, to the learned District Judge, Rohtak, within three weeks, who will either dispose it of himself or entrust it to any other Court of competent jurisdiction at Rohtak. The parties through their counsels shall appear before the learned District Judge, Rohtak, on 29.10.2011 at 10 AM. 28.09.2011 (JITENDRA CHAUHAN) gsv JUDGE