TA No.257 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.257 of 2011 Date of decision : 13.05.2011 Amina ...Applicant Versus Narender Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Kamal Narula, 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 the transfer of the petition titled as ‘Narender Kumar Vs. Smt. Amina’, filed by the respondent under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Fatehabad, to the Court of competent jurisdiction at Ferozepur. 2. Learned counsel for the applicant contends that the applicant has been residing with her parents at Ferozepur after having been ousted from her matrimonial home by the respondent since November 2009. She is having no means to defend her case at Fatehabad. The distance between the two stations is more than 200 TA No.257 of 2011 2 kms. The purpose of filing the petition under Section 13(1)(i-a) of the Act is only to harass the applicant. She also apprehends threat at the hands of the respondent-husband. 3. As per the office report, the respondent has been served through affixation and he is stated to be in custody in some FIR. None has caused appearance on behalf of the respondent, accordingly, he is proceeded against ex parte. 4. I have heard the 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. Mrs. Amina, the applicant-wife, is residing at Ferozepur. The respondent-husband filed a petition under Section 13(1)(i-a) of the Act, which is pending before learned District Judge, Fatehabad. It would certainly be difficult for the wife, living at the mercy of her parents and having no source of income, to attend the court proceedings at Fatehabad. 7. Considering the fact that the applicant is a resident of TA No.257 of 2011 3 Ferozepur 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(1)(i-a) of the Act titled as ‘Narender Kumar Vs. Smt. Amina’ is withdrawn from the Court of learned District Judge, Fatehabad, and is transferred to the Court of competent jurisdiction at Ferozepur. The entire record pertaining to the petition under Section 13(1)(i-a) of the Act shall be sent by the trial Court at Fatehabad to the learned District Judge, Ferozepur, within three weeks, 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 13.06.2011. 13.05.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No