TA No. 415 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 415 of 2011 Date of decision: 22.9.2011 Anju Bala alias Manju Rani ...Applicant Versus Sunil Dutt ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Sanjay Gupta, Advocate for the applicant. None for the respondent. *** JITENDRA CHAUHAN, J.(Oral) Learned counsel for the applicant has returned dasti summons, which are taken on record. As per the same, respondent has been duly served through counsel representing him before the Tribunal. Despite service, none has caused appearance on behalf of the respondent. Accordingly, he is proceeded against ex-parte. The present application has been filed by the applicant-wife seeking transfer of the case titled as Sunil Dutt vs. Anju Bala alias Manju Rani from the Court of learned Civil Judge (Senior Division), Phillaur to the court of competent jurisdiction at Hoshiarpur. I have heard learned counsel for the applicant and perused the file. From the perusal of the case file, it emerges that the applicant TA No. 415 of 2011 2 alongwith her two minor children had been ousted from her matrimonial home and now she is residing at the mercy of her old parents at village Barian Khurd, District Hoshiarpur. There are allegation of maltreatment meted out to the applicant. The applicant filed a petition under Section 125 of the Code of Criminal Procedure for grant of maintenance to herself and her children before the Judicial Magistrate, 1st Class, Hoshiarpur, which is still pending with the competent court. In a counter-blast to the same, the respondent-husband filed a petition under Section 9 of the Hindu Marriage Act, 1955, which is also pending before the court learned Additional Civil Judge (Senior Division), Phillaur. It would certainly be difficult for the wife, having no resources and saddled with the responsibility of raising her two minor children, to attend the court proceedings at Phillaur. Considering the fact that the applicant after having been ousted from her matrimonial home is residing at the mercy of her old parents at village Barian Khurd, District Hoshiarpur; she has no source of income and primarily the convenience of the wife in the circumstances cannot be ignored, therefore, in my opinion, the balance of convenience is in favour of the wife- applicant. Accordingly, the present application deserves to be allowed. In view of the above, the instant application application is allowed, petition under Section 9 of the Act titled as Sunil Dutt vs. Anju Bala alias Manju Rani' is withdrawn from the court of learned Civil Judge (Senior Division), Phillaur, and is transferred to the court of competent jurisdiction at Hoshiarpur. The complete record pertaining to the case in TA No. 415 of 2011 3 question shall be sent by the trial court at Phillaur to the learned District Judge, Hoshiarpur within two weeks from the date of receipt of the certified copy of this order. The learned District Judge, Hoshiarpur will either dispose it of himself or entrust it to any court of competent jurisdiction. The parties shall appear before the court of learned District Judge, Hoshiarpur on 29.10.2011. 22.09.2011 (JITENDRA CHAUHAN) gsv JUDGE