TA No.364 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.364 of 2011 Date of decision : 30.08.2011 Neena ...Applicant Versus Barjesh Ranga ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Naveen Sharma, Advocate, for Mr. SPS Sidhu, Advocate, for the applicant. Respondent ex parte. 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 transfer of the petition titled as ‘Barjesh Ranga Vs. Neena’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Civil Judge, Jr. Divn., Ludhiana, to the Court of competent jurisdiction at Ferozepur. 2. Learned counsel for the applicant contends that after having been turned out of the matrimonial home, the applicant is residing at Ferozepur. She is also maintaining the minor daughter born out of the wedlock. On the complaint made by the application, FIR No.92 dated 18.09.2010, under Sections 406/498-A, IPC, stands registered against TA No.364 of 2011 2 the respondent, in which he is facing trial before the court at Ferozepur. 3. Learned counsel for the applicant further contends that the applicant is a resident of Ferozepur, and the purpose of filing the petition under Section 9 of the Act is only to harass the applicant. She also apprehends threat at the hands of the respondent. 4. I have heard learned counsel for the applicant 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. Smt. Neena, the applicant-wife, is residing at Ferozepur. The respondent-husband filed a petition under Section 9 of the Act, which is pending before learned Civil Judge, Jr. Divn., Ludhiana. It would certainly be difficult for the wife, saddled with the responsibility of raising her minor daughter, to attend the court proceedings at Ludhiana. 7. Considering the fact that the applicant is a resident of Ferozepur, and primarily, the convenience of the wife is to be seen, TA No.364 of 2011 3 therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. 8. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Barjesh Ranga Vs. Neena’ is withdrawn from the Court of learned Civil Judge, Jr. Divn., Ludhiana, and is transferred to the Court of competent jurisdiction at Ferozepur. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Ludhiana, to the learned District Judge, Ferozepur, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Ferozepur. 9. The parties shall appear before the learned District Judge, Ferozepur, on 22.10.2011. 30.08.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No