TA No.327 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.327 of 2011 Date of decision :29.07.2011 Gurpreet Kaur ...Petitioner Versus Bikramjeet Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Maninder Kaur, Advocate for the petitioner. Mr.Naresh Gopal Sharma, Advocate, for the respondent. 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 ‘Bikramjit Singh Vs. Gurpreet Kaur’, 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, Ludhiana, to the Court of competent jurisdiction at Taran Taran. 2. Learned counsel for the applicant contends that the applicant is residing at Taran Taran, with her parents since 2004 after having been ousted from the matrimonial home. She is also TA No.327 of 2011 2 maintaining the minor daughter born out of the wedlock between the parties, and the purpose of filing the petition by the husband under Section 13 of the Act is only to harass the applicant. 3. The learned counsel for the respondent has vehemently opposed the prayer. 4. I have heard the learned counsel for the parties 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. Mrs. Gurpreet Kaur, the applicant-wife, is residing at Taran Taran. The respondent-husband filed the petition under Section 13 of the Act, which is pending before learned Additional District Judge, Ludhiana. 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 maintaining her minor child to attend the court proceedings at Ludhiana, which is at a distance of about 120 kms. from the place of her residence. 8. Considering the fact that the applicant is a resident of TA No.327 of 2011 3 Taran Taran and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. 9. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Bikramjit Singh Vs. Gurpreet Kaur’ is withdrawn from the Court of learned Additional District Judge, Ludhiana, and is transferred to the Court of competent jurisdiction at Taran Taran. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Ludhiana to the learned Additional District Judge, Taran Taran, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Taran Taran. 10. The parties shall appear before the learned District Judge, Taran Taran, on 27.08.2011. 29.07.2011 (JITENDRA CHAUHAN) tarunsahni JUDGE Note : Whether to be referred to Reporter ? Yes / No