TA No.550 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.550 of 2011 Date of decision : 07.12.2011 Dr. Narinder Kaur ...Applicant Versus Dr. Gurpreet Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Arvind Kashyap, Advocate, for the applicant. Mr. J.S. Kahlon, 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 ‘Dr. Gurpreet Singh Vs. Narinder Kaur’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional District Judge, Mohali, to the Court of competent jurisdiction at Fatehgarh Sahib. 2. I have heard the learned counsel for the parties and perused TA No.550 of 2011 2 the record. 3. A perusal of the file reveals that the respondent is running a clinic at Sirhind, District Fatehgarh Sahib. He is also attending the proceedings under the Protection of Women from Domestic Violence Act, initiated at the instance of the applicant-wife at Fatehgarh Sahib. One Civil Suit No.35 dated 20.02.2010 is also pending between the parties at Fetehgarh Sahib. The applicant is raising one of the two minor children born out of the wedlock. 4. 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, convenience- wise, a transfer to the place where the lady is residing, would be preferred by this Court unless it is shown that there are special reasons not to do so. No such special reason is shown.” 5. Keeping in view the fact that in a petition filed by the husband against his wife, 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. 6. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Dr. Gurpreet Singh Vs. Narinder Kaur’ is withdrawn from the Court of TA No.550 of 2011 3 learned Additional District Judge, Mohali, and is transferred to the Court of competent jurisdiction at Fatehgarh Sahib. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Mohali, to the learned District Judge, Fatehgarh Sahib, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Fatehgarh Sahib. 7. The parties, through their counsel, shall appear before the learned District Judge, Fatehgarh Sahib, on 23.12.2011 at 10.00 a.m. 07.12.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No