TA No.290 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.290 of 2011 Date of decision:18.7.2011 Kulwinder Kaur ...Applicant Versus Jaswinder Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Naveen Batra, Advocate, for the applicant. Mr.R.K.Girdhar, Advocate, for the respondent. -.- JITENDRA CHUAHAN, J. This is an application filed by the applicant/wife, for transfer of the suit titled as `Jaswinder Singh Vs. Kulwinder Kaur', filed by the respondent/husband under Section 10 of the Hindu Marriage Act, 1955, (for short `the Act') from the court of learned District Judge, Gurdaspur, to the court of competent jurisdiction at Hoshiarpur. From the perusal of case file, it emerges that the applicant is residing at village Miami, District Hoshiarpur, after being ousted from the matrimonial home. There are averments of continuous beatings and harassment of the applicant by the respondent. The petition filed by the respondent under Section 10 of the Act is only with a view to harass the applicant. There is no male member in the family to accompany the applicant to Gurdaspur. TA No.290 of 2011 2 There would be a considerable inconvenience to the wife to visit on each date of hearing to Gurdaspur. 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/wife and against the respondent/husband. Considering the facts that the applicant is residing at village Miami, District Hoshiarpur; no male member in the family to accompany her to Gurdaspur and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is on the side of the wife, the applicant. Accordingly, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 10 of the Act titled as `Jaswinder Singh Vs. Kulwinder Kaur' is withdrawn from the Court of learned District Judge, Gurdaspur and is transferred to the court of competent jurisdiction at Hoshiarpur. The complete record pertaining to suit in question shall be sent by the trial Court at Gurdaspur to the learned District Judge, Hoshiarpur, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Hoshiarpur, will either dispose it of himself or entrust it to any Court of competent jurisdiction. The parties shall appear before the Court of District Judge, Hoshiarpur, on 18.8.2011. 18.7.2011 (JITENDRA CHAUHAN) mk JUDGE