TA No.417 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.417 of 2011 Date of decision : 29.08.2011 Pooja ...Applicant Versus Sunil ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. V.S. Kajla, Advocate, for the applicant. Mr. Raman Mohinder Sharma, 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 ‘Sunil Vs. Pooja’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955, (for short `the Act') from the Court of learned Civil Judge, Sr. Divn., Sangrur, to the Court of competent jurisdiction at Hisar. 2. Learned counsel for the applicant contends that two petitions filed by the applicant, one under Section 125 Cr.P.C. and the other, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, are prior in time. The petition filed by the husband under Section 9 of the Act is only a counterblast to the TA No.417 of 2011 2 petitions filed by her. The respondent is already appearing before the trial Courts at Hisar. 3. The learned counsel for the respondent has vehemently opposed the prayer. 4. I have heard the learned counsel for the parties and perused the record. 5. 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 convenience of wife, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reason not to do so. No special reason is shown.” 6. Keeping in view the fact that the petitions filed by the applicant are prior in time, she is saddled with the responsibility of raising two minor children. She is at the mercy of her old parents, who themselves are stated to be resourceless, 7. Keeping in view the above, the present application is allowed and the petition under Section 9 of the Act titled as ‘Sunil Vs. Pooja’ is withdrawn from the Court of learned Civil Judge, Sr. Divin., Sangrur, and is transferred to the Court of competent jurisdiction at Hisar. The entire record pertaining to the petition under Section 9 of TA No.417 of 2011 3 the Act, shall be sent by the trial Court at Sangrur, to the learned District Judge, Hisar, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Hisar. 8. The parties through their counsels shall appear before the learned District Judge, Hisar, on 22.10.2011. 29.08.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No