TA No.281 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.281 of 2011 Date of decision : 27.05.2011 Anju Bala ...Applicant Versus Kulwant Raj ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Veneet Sharma, 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 ‘Kulwant Raj Vs. Anju Bala’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional Civil Judge (Jr. Divn.), Mukerian, to the Court of competent jurisdiction at Amritsar. 2. Learned counsel for the applicant contends that the applicant is residing with her parents at Amritsar after having been ousted from her matrimonial home. She is maintaining the minor child born out of the wedlock between the parties. The distance between the two stations is more than 200 kms. TA No.281 of 2011 2 3. As per the report, the service of the respondent is complete as he received the summons along with copy of the application, however, he refused to sign or thumb-mark the same. Accordingly, the respondent 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. The applicant-wife is residing at Amritsar. The respondent- husband filed a petition under Section 9 of the Act, which is pending before learned Additional Civil Judge (Jr. Divn.), Mukerian. It would certainly be difficult for the wife, living at the mercy of her parents, having no source of income and saddled with the responsibility of raising her minor child, to attend the court proceedings at Mukerian, which is at a distance of about 200 kms. from the place of her residence. 7. Considering the fact that the applicant is a resident of Amritsar and primarily, the convenience of the wife is to be seen, TA No.281 of 2011 3 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 9 of the Act titled as ‘Kulwant Raj Vs. Anju Bala’ is withdrawn from the Court of learned Additional Civil Judge (Jr. Divn.), Mukerian, and is transferred to the Court of competent jurisdiction at Amritsar. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Mukerian to the learned District Judge, Amritsar, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Amritsar. 9. The parties shall appear before the learned District Judge, Amritsar, on 23.07.2011. 27.05.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No