T.A.No. 487 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No. 487 of 2010 Date of decision 15.2.2011 Hemani Bhatnagar .....Applicant Versus Harshit Bhatnagar ......Resondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.O.P.Goyal,Sr.Advocate with Ms.Savita Tanwar,Advocate for the applicant None for the respondent .... JITENDRA CHAUHAN.J (Oral) Learned counsel for the applicant submits that two cases, one under section 406/498-A IPC filed on behalf of the applicant is pending at Panipat in which charges have been framed and evidence of the prosecution is also led and another under section 125 Cr.P.C. is also pending adjudication at District Court at Panipat. He further submits that the petition filed by the respondent under section 13 of the HIndu Marriage Act at Patiala is later in time with a purpose to harass the applicant. Notice was issued to the respondent. As per office report, notice issued to the respondent received back duly served. However, none has put in appearance on behalf of the respondent. Accordingly, the respondent is proceeded against ex-parte. T.A.No. 487 of 2010 -2- Admittedly the petitions filed by the applicant at Panipat are prior in time. Otherwise also, it will be difficult for the applicant-wife to go to Patiala to effectively contest her case. It is well settled principle of law that the convenience of the wife is to be seen in such like cases. The applicant-wife is at the mercy of her parents. She has no resources to support her. Accordingly the present application is allowed. The petition filed by the respondent under section 13 of the Hindu Marriage Act titled as “Harshit Bhatnagar v. Hemani Bhatnagar” pending before the District Judge Patiala is withdrawn and is transferred to a court of competent jurisdiction at Panipat. The District Judte, Patiala is directed to send the case file “titled Barshit Bhatnagar vs. Hemani Bhatnagar” pending in the Court of Additional District Judge, Patiala to the court of Incharge, District Judge,Panipat within two weeks from the date of receipt of copy of this order. The Incharge, District Judge, Panipat shall either decide the petition himself or entrust the same to the court of competent jurisdiction. Parties shall appear before the Incharge, District Judge, Panipat on 15.3.2011 at 10 a.m. (JITENDRA CHAUHAN) JUDGE 15.2.2011 MS Note: Whether to be referred to Reporter? Yes/No.