TA No.80 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.80 of 2011 Date of decision : 25.07.2011 Hem Lata ...Applicant Versus Baldeep Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Karan Vir Nanda, Advocate for the applicant. None for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The wife-Hem Lata, has filed the present application, under Section 24 of the Code of Civil Procedure, for transferring the case filed by the respondent, titled as ‘Baldeep Singh Vs. Hem Lata’, under Section 9 of the Hindu Marriage Act, 1955, (for short, ‘the Act’) from the trial Court, Ludhiana, to the Court of competent jurisdiction at Chandigarh. 2. The learned counsel for the applicant submits that the father of the applicant retired more than a decade back from the service of HMT. He does not draw any pension. He is also undergoing treatment from PGIMER, Chandigarh, and he would undergo a major surgery on TA No.80 of 2011 2 29.08.2011. The applicant comes from a very poor family. The only brother of the applicant is a student. There is no other male member in the family who can accompany the applicant to Ludhiana to contest the case. 3. The applicant is residing with her parents at Chandigarh, since 2008, after having been ousted from her matrimonial home by the respondent. From the averments, it is clear that the petition under Section 9 of the Act was filed after the wife lodged a complaint against the respondent, on the basis of which, an FIR stands recorded. There are other petitions, namely, petition under Section 125 Cr.P.C. and under Section 13 of the Act, filed by the applicant at Chandigarh. 4. The applicant is a resident of Chandigarh and in a petition filed by the husband, the convenience of the wife is primarily to be seen. The complaint filed by the applicant is prior in time. 5. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Baldeep Singh Vs. Hem Lata’ is withdrawn from the learned trial Court at Ludhiana, and is transferred to the Court of competent jurisdiction at Chandigarh. The trial Court is directed to transmit the case file to the learned District Judge, Chandigarh, within three weeks, who will either himself dispose of the same or entrust it to any other Court of competent jurisdiction at Chandigarh. 6. The parties shall appear before the learned District Judge, Chandigarh, on 20.08.2011. TA No.80 of 2011 3 25.07.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No