T.A. No. 462 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 462 of 2011 Date of decision: 3.11.2011 Rama Rani ....Applicant Versus Naresh Kumar ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Sanjay Verma, Advocate for the applicant. Respondent ex-parte. ***** Jitendra Chauhan, J.(Oral) 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 ‘Naresh Kumar vs. Smt.Rama Rani’, 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), Yamuna Nagar at Jagadhri, to the Court of competent jurisdiction at Kaithal. I have heard learned counsel for the applicant and perused the case file. From the perusal of case file, it emerges that the applicant is residing at Teetram, District Kaithal, after having been ousted from her matrimonial home. There are averments of continuous beatings, harassment and demand of dowry by the respondent. In this regard, a petition under Section 12 of the Protection of Woman from Domestic Violence Act, 2005 T.A. No. 462 of 2011 2 at Kaithal. Further she is serving in Jawahar Navodya Vidhalya, Teetram, District Kaithal, as Trained Graduate Teacher and there is no one in the family to accompany her to the Court at Yamuna Nagar, which is more than 120 Kms far away from Kaithal. In a dispute between the husband and the wife, normally the wife is at the 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, therefore, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 13 of the Act titled as ‘Naresh Kumar vs. Smt.Rama Rani' is withdrawn from the Court of learned District Judge (Family Court), Yamuna Nagar at Jagadhri and is transferred to the court of competent jurisdiction at Kaithal. The complete record pertaining to case in question shall be sent by the trial Court at Yamuna Nagar, to the learned District Judge, Kaithal, within two weeks from the date of receipt of a copy of this order. The learned District Judge, Kaithal will either dispose it of himself or entrust it to any Court of competent jurisdiction at Kaithal. The parties shall appear before the Court of District Judge, Kaithal, on 3.12.2011 at 10 AM. 03.11.2011 (JITENDRA CHAUHAN) gsv JUDGE