TA No. 299 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 299 of 2011 Date of decision:8.7.2011 Aruna Gupta ...Applicant Versus Kuldeep Chand ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Vinod Bhardwaj, Advocate for Mr.Jarnail Singh Saneta, Advocate, for the applicant. None for the respondent. -.- JITENDRA CHAUHAN, J. The applicant,-wife has filed the present application for transfer of the petition under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act') filed by the respondent/husband from the court of learned District Judge, Patiala to the court of competent jurisdiction at Karnal. I have heard the learned counsel for the applicant. From the perusal of case file, it emerges that the applicant is residing with her parents at District Karnal alongwith her three children. There are averments of continuous maltreatment and harassment of the applicant and her children. The applicant has no source of income. The application under Section 125 Cr.P.C. filed by the applicant at Karnal is prior in time to the petition under Section 9 of the Act filed by the respondent. In the circumstances, there would be a considerable TA No. 299 of 2011 2 inconvenience to the wife to defend the petition filed by the respondent at Patiala, which is more than 100 kms. In a dispute between the husband and the wife, normally the wife is at a receiving end. The balance of convenience is in favour of the applicant and against the respondent. Considering the facts that the applicant, along with her three minor children is residing at the mercy of her parents at Karnal; 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 as ‘Kuldeep Chand Vs. Aruna Gupta' under Section 9 of the Act is withdrawn from the court of learned District Judge, Patiala and is transferred to the court of competent jurisdiction at Karnal. File shall be sent by the trial Court at Patiala to the learned District Judge, Karnal, within two weeks from the date of receipt of a certified copy of this order. The learned District Judge, Karnal will either dispose it of himself or entrust it to any other Court of competent jurisdiction. Parties are directed to appear before the District Judge, Karnal on 8.8.2011. 8.7.2011 (JITENDRA CHAUHAN) mk JUDGE