TA No.435 of 2011 1 IN THE HIGH COU RT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.435 of 2011 Date of decision : 09.09.2011 Pooja ...Applicant Versus Rohtash Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. G.C. Gupta, Advocate for the applicant. Mr. Ranjit Saini, Advocate, for the respondent. 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 the transfer of the petition titled as ‘Rohtash Kumar Vs. Pooja’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Yamuna Nagar, to the Court of competent jurisdiction at Panchkula. 2. Learned counsel for the applicant contends that after having been ousted from the matrimonial home, the applicant is residing with her mother at Panchkula. It is further contended that the applicant comes from a very poor family and her mother is working as a maid TA No.435 of 2011 2 servant. She has no independent source of income. It is averred that the petition under Section 13 of the Act has been filed at Yamunanagar only with a view to harass the applicant. 3. The learned counsel for the respondent has vehemently opposed the prayer. Reply has been filed in the Court and the same is taken on record. 4. I have heard the learned counsel for the parties 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. Pooja, the applicant-wife, is residing at Panchkula. The respondent-husband filed a petition under Section 13 of the Act, which is pending before learned District Judge, Yamunanagar. It would certainly be difficult for the wife, living at the mercy of her old mother and having no source of income, to attend the court proceedings at Yamunanagar, which is at a distance of more than 100 kms. from the place of her residence. 7. Considering the fact that the applicant is a resident of TA No.435 of 2011 3 Panchkula, and primarily, the convenience of the wife is to be seen, 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 13 of the Act titled as ‘Rohtash Kumar Vs. Pooja’ is withdrawn from the Court of learned District Judge, Yamunanagar, and is transferred to the Court of competent jurisdiction at Panchkula. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Yamunanagar, to the learned District Judge, Panchkula, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Panchkula. 9. The parties shall appear before the learned District Judge, Panchkula, on 12.10.2011. 09.09.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No