TA No. 518 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 518 of 2011 Date of decision: 12.10.2011 Rajni ....Applicant Versus Rajinder Sharma @ Jhoni ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: None for the parties. ***** 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 ‘Rajinder Sharma alias Jhoni Vs. Rajni’, 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 (Fast Track Court), Ludhiana, to the Court of competent jurisdiction at Karnal. 2. I have perused the case file carefully. 3. From the averments made in the petition, it emerges that the respondent earlier filed a petition under Section 9 of the Act. When the applicant agreed to accompany him, he withdrew the same. The applicant is residing with her widowed mother, who has assigned to her the work of care TA No. 518 of 2011 2 taker of cremation ground. There is no male member in the family to accompany her at Ludhiana to defend her case. The respondent-husband is serving as Waiter in the Railways. 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, conveniencewise, 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 special reason is shown.” 5. The applicant-wife, after having been ousted from her matrimonial home, is presently residing with her widowed mother at Karnal. The applicant has filed a petition under Section 125 Cr.P.C. which is also pending at Karnal. 6. Considering the fact that the applicant is presently residing with her widowed mother at Karnal, it would certainly be difficult for the wife, having no source of income, to attend the court proceedings at Ludhiana, in a petition filed by the respondent-husband. Primarily, the convenience of the wife is to be seen, therefore, the present application deserves to be allowed. 7. In view of the above, the instant transfer application is allowed, petition under Section 13 of the Act titled as ‘Rajinder Sharma @ Jhoni vs. Rajni' is withdrawn from the Court of learned Additional District Judge (FTC), Ludhiana, and is transferred to the court of competent jurisdiction at Karnal. The complete record pertaining to case in question shall be sent by TA No. 518 of 2011 3 the trial Court at Ludhiana, to the learned District Judge, Karnal, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Karnal will either dispose it of himself or entrust it to any Court of competent jurisdiction. 8. The parties shall appear before the Court of District Judge, Karnal, on 19.11.2011 at 10 AM. 12.10.2011 (JITENDRA CHAUHAN) gsv JUDGE