TA No.173 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.173 of 2011 Date of decision :15.7.2011 Sunita ...Applicant Versus Ranjit Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.Vivek Suri, Advocate, for the applicant. **** JITENDRA CHAUHAN, J. Despite notice, none has put in appearance on behaof of the respondent. Accordingly, he is proceeded against ex parte. The applicant-wife, seeks transfer of the petition under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act') from the Court of learned Additional Civil Judge (Sr. Division), Malerkotla, District Sangrur, to the court of competent jurisdiction at Amritsar. I have heard the learned counsel for the applicant. From the perusal of the case file, it emerges that the applicant is a resident of Tehsil Baba Bakala, District Amritsar, and has been living with her parents, after being ousted from the matrimonial home. There are averments of continuous beatings and harassment of the applicant by the TA No.173 of 2011 2 respondent. She has no source of income and there is no male member in the family to accompany her to attend the court proceedings at Malerkotla. The distance between two stations is more than 150 kms. In the circumstances, there would be a considerable inconvenience to the wife to visit on each date of hearing at Malerkotla. In a dispute between the husband and the wife, normally the wife is at a receiving end. The balance of convenience is in favour of the applicant and against the respondent. Considering the facts that the applicant is residing at the mercy of her parents at Malerkotla; the distance between two stations is more than 150 kms and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the present application deserves to be allowed. In view of the above, the instant application is allowed. The petition filed by the respondent titled as `Ranjit Singh vs. Sunita' under Section 9 of the Act, is withdrawn from the court of learned Additional Civil Judge, (Senior Division), Malerkotla and is transferred to the court of competent jurisdiction at Amritsar. File shall be sent by the trial Court at Malerkotla to the learned District Judge, Amritsar, within two weeks from the date of receipt of a certified copy of this order. The learned District Judge, Amritsar will entrust it to any other court of competent jurisdiction. Parties are directed to appear before the District Judge, Amritsar, on 16.8.2011. 15.7.2011 (JITENDRA CHAUHAN) mk JUDGE