TA No.142 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.142 of 2011 Date of decision : 04.04.2011 Mrs. Deepika @ Deepa ...Applicant Versus Gajender Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Pankaj Jain, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. Mrs. Deepika, the applicant-wife has preferred this application under Section 24 of the Code of Civil Procedure, seeking transfer of petition under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Gajender Singh Vs. Mrs. Deepika @ Deepa’, filed by the respondent from the Family Court, Faridabad, to the Court of competent jurisdiction at Gurgaon. 2. It has been averred in the divorce petition that the applicant left her matrimonial home on 14.10.2010 whereas, from the perusal of Annexure P-2 dated 29.01.2011, it would emerge that the applicant had been residing with the respondent till the petition under Section 13 of the Act was preferred while the applicant had still been residing with TA No.142 of 2011 2 the respondent. 3. The respondent has been duly served through his father. However, despite service, the respondent has not put in appearance before the Court to clarify his position. 4. From the cumulative reading of the averments made in para 8 of the transfer application, divorce petition (Annexure P-1) and document, Annexure P-2, it would be in the interest of justice, if the present application is allowed. 5. Moreover, the daughter born out of the wedlock between the parties is residing with the applicant who herself is residing at the mercy of her parents. 6. 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.” 7. In view of the above, I am of the considered opinion that in the instant case, the balance of convenience is in favour of the applicant-wife and against the respondent. Accordingly, the petition filed by the respondent titled as ‘Gajender Singh Vs. Mrs. Deepika @ Deepa’ under Section 13 of the Act, pending in the Family Court, TA No.142 of 2011 3 Faridabad, deserves to be transferred to Gurgaon. 8. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Gajender Singh Vs. Mrs. Deepika @ Deepa’ is withdrawn from the Family Court, Faridabad, and is transferred to the Court of competent jurisdiction at Gurgaon. The entire record of the petition under Section 13 of the Act shall be sent by the trial Court at Faridabad to learned District Judge, Gurgaon, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 9. The parties shall appear before the Court of learned District Judge, Gurgaon, on 04.05.2011. 04.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No