TA No. 282 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 282 of 2011 Date of decision:7.7.2011 Amita Sehgal ...Applicant Versus Sunil Kumar Sehgal ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.L.S.Mann, Advocate, for the applicant. -.- JITENDRA CHAUHAN, J. The applicant/wife has filed the present application for transfer of the petition 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. As per office report, notice issued to the respondent has been received back with a report that the father of the respondent has disowned him and his whereabouts are not known. Accordingly, the respondent is proceeded against ex parte. I have heard the learned counsel for the applicant. From the perusal of case file, it emerges that the applicant was ousted from the matrimonial home by the respondent. She has lost her TA No. 282 of 2011 2 parents and is presently residing with her brother alongwith her minor child at Amritsar. There are averments of continuous beatings and harassment. The application under Section 125 Cr.P.C. filed by the applicant at Amritsar is prior in time to the petition under Section 13 of the Act filed by the respondent. In the circumstances, there would be a considerable inconvenience to the applicant to go to Jalandhar alongwith the minor child to defend the case 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 along with her minor child is residing at the mercy of her brother at Amritsar; the application filed by the applicant is prior in time 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 application is allowed. The petition filed by the respondent titled ‘Sunil Sehgal Versus Amita Sehgal' under Section 13 of the Act is withdrawn from the court of learned Additional District Judge, Jalandhar and is transferred to the court of competent jurisdiction at Amritsar. File 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 certified copy of this order. The learned District Judge, Amritsar will either dispose it of himself or entrust it to any other Court of competent jurisdiction. TA No. 282 of 2011 3 Parties are directed to appear before the District Judge, Amritsar on 8.8.2011. 7.7.2011 (JITENDRA CHAUHAN) mk JUDGE