TA No.527 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.527 of 2011 Date of decision: 23.11.2011 Sital Kaur ....Applicant Versus Jasbir Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Ankur Soni, Advocate for the applicant. Respondent ex-parte. ***** Jitendra Chauhan, J.(Oral) The present application has been preferred by the applicant -wife, under Section 24 of the Code of Civil Procedure, seeking transfer of the petition titled as ‘Jasbir Singh versus Sital Kaur’, filed by the respondent-husband under Section 11 of the Hindu Marriage Act, 1955, (for short `the Act'), from the Court of learned Additional District Judge, Kapurthala, to the Court of competent jurisdiction at Hoshiarpur. I have heard learned counsel for the applicant and perused the case file. The perusal of the file reveals that the applicant, after having been ousted from her matrimonial home, is presently residing at village Lohar Kangna, District Hoshiapur at her parental home. The parents of the applicant have already died. Thus, there is no one in the family to TA No.527 of 2011 2 accompany her to Kapurthala to attend the court proceedings. There are averments of continuous harassment of the applicant by the respondent. The petition filed by the respondent-husband under Section 11 of the Act at Kapurthala, appears to have been filed with a view to harass and humiliate the applicant. Considering the facts that the applicant is presently residing at Jalandhar; it would certainly be difficult for the wife, having no source of income, and no family member to support her or accompany her to Kapurthala to attend the court proceedings, which is at a distance of 90 Kms. In the petition filed by the husband, primarily, the convenience of the wife is to be seen, therefore, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 11 of the Act titled as ‘Jasbir Singh versus Sital Kaur', is withdrawn from the Court of learned Additional District Judge, Kapurthala, and is transferred to the court of competent jurisdiction at Hoshiapur. The complete record pertaining to the case in question shall be sent by the trial Court at Kapurthala, to the learned District Judge, Hoshiapur, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Hoshiapur 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 17.12.2011 at 10 AM. 23.11.2011 (JITENDRA CHAUHAN) gsv JUDGE