TA No.441 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.441 of 2011 Date of decision: 20.12.2011 Rabinder Kaur ....Applicant Versus Gurmeet Singh Lamba ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.PK Kataria, Advocate for the applicant. Mr.AK Jain, 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 civil suit titled as ‘Gurmeet Singh Lamba vs. Rabinder Kaur’, filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955, from the Court of learned Additional District Judge, Chandigarh, to the Court of competent jurisdiction at Amritsar. 2. I have heard learned counsel for the parties and perused the case file. 3. From the perusal of the case file, it emerges that the applicant, after having been ousted from her matrimonial home, is presently residing with her parents. She is maintaining the minor child, born out of the wedlock. There are averments of beatings and harassment of the applicant for dowry. Earlier the respondent filed a similar petition under Section 13 of the Act at Chandigarh, which, on application bearing TA No.84 of 2008, TA No.441 of 2011 2 made by the applicant, was transferred by this Court to Amritsar, vide order 25.11.2008. Thereafter, the respondent withdrew the said petition. 4. In the circumstances, it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor child, to attend the court proceedings at Chandigarh, which is at a distance of 230 Kms., in a petition filed under Section 13 of the Act, filed by the husband. The convenience of the wife cannot be ignored. 5. Considering the fact that the applicant is presently residing at Amritsar; primarily the convenience of the wife is to be seen, therefore, the balance of convenience is in favour of the applicant-wife and against the respondent-husband. 6. In view of the above, the instant application is allowed, petition under Section 13 of the Act titled as “Gurmeet Singh Lamba vs. Rabinder Kaur” is withdrawn from the Court of learned Additional District Judge, Chandigarh and is transferred to the court of competent jurisdiction at Amritsar. The complete record pertaining to the case in question shall be sent by the trial court at Chandigarh to the learned District Judge, Amritsar, within two weeks from the date of receipt of the certified copy of this order. The learned District Judge, Amritsar either will dispose of himself or entrust the same to any competent Court at Amritsar. 7. The parties shall appear before the court of learned District Judge, Amrtisar, on 28.1.2012 at 10 AM. 20.12.2011 (JITENDRA CHAUHAN) gsv JUDGE