TA No.72 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.72 of 2011 Date of decision : 18.03.2011 Anju Garg ...Applicant Versus Anil Garg ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Pankaj Maini, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. Smt. Anju Garg, the applicant-wife has preferred the instant application under Section 24 of the Code of Civil Procedure, seeking transfer of the petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Anil Garg Vs. Anju Garg’, from the Court of the District Judge, Jind, to the Court of competent jurisdiction at Hisar. 2. Learned counsel for the applicant contends that the petition under Section 13 of the Act is a counter-blast to the petition filed by the applicant under Section 9 of the Act on 01.10.2010, which is pending adjudication before the Court of learned District Judge (Family Court), Hisar. TA No.72 of 2011 2 3. Learned counsel for the applicant further contends that the applicant is residing with her parents at Hisar and the petition under Section 13 of the Act has been filed only with a view to harass the applicant. The distance between Jind and Hisar is about 75 kms. 4. Nobody has caused appearance on behalf of the respondent despite service, accordingly, he is proceeded against ex parte. 5. I have heard the learned counsel for the applicant and perused the record. 6. 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.” 7. Smt. Anju Garg, the applicant-wife, is residing at Hisar. The respondent-husband filed a petition under Section 13 of the Act, which is pending before the District Judge, Jind. It would certainly be difficult for the wife, living at the mercy of her parents, to attend the court proceedings at Jind. 8. Considering the fact that the applicant is a resident of Hisar and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the TA No.72 of 2011 3 applicant-wife and against the respondent. Accordingly, the petition filed by the respondent titled as ‘Anil Garg Vs. Anju Garg’ under Section 13 of the Act, pending in the Court of the District Judge, Jind, deserves to be transferred to Hisar. 9. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Anil Garg Vs. Anju Garg’ is withdrawn from the Court of the District Judge, Jind, and is transferred to the Court of competent jurisdiction at Hisar. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Jind to the learned District Judge, Hisar, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 10. The parties shall appear before the Court of learned District Judge, Hisar, on 20.04.2011. 18.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No