T.A.No. 380 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No. 380 of 2011 Date of decision 16.9.2011 Sukhwinder Kaur ...Applicant versus Avtar Singh ...Respondent CORAM : HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr. Ranjit Singh,Advocate for the applicant None for the respondent .... JITENDRA CHAUHAN.J This is an application filed under section 24 of the Code of Civil Procedure for transferring the petition titled “ Avtar Singh v. Sukhwinder Kaur” under section 25 of the Guardian and Wards Act,1890, from the Court of Civil Judge (Sr.Division)-cum-Guardian Judge, Tarn Taran to the courts of competent jurisdiction at Bathinda. Learned counsel for the applicant-wife submits that marriage between the parties was solemnized on 12.12.2000. Two daughters were born out of this wedlock. After the birth of second daughter, the applicant was subjected to physical as well as mental torture by the husband and his family members. Respondent is serving in the Indian Army and whenever he comes on leave, the wife is subjected to physical and mental cruelty by the husband at the asking of his family members. She was also taunted for not bringing sufficient dowry. Parents of the applicant did their best to to settle the disputes, but to no avail. Husband leveled allegations T.A.No. 380 of 2011 2 of indulging into extra marital relations against the wife and gave her merciless beatings in January,2009. She was compelled to leave the matrimonial home. Thereafter the applicant alongwith her two minor daughters, is residing at Bathinda at the mercy of her parents. She has filed petition under section 406/498-A/120-B IPC, pending investigation in Women Cell, Bhatinda. Respondent chose not to appear before the Women Cell. Applicant has also filed a petition under section 125 Cr. P.C which is pending at the Court at Bhatinda. Husband has filed petition under section 25 of the Guardian and Wards Act on 24.12.2010, which is pending in the court of Guardian Judge, Tarn Taran. None has caused appearance for the respondent. As per office report, the respondent was served through affixation. I have heard the learned counsel for the applicant and perused the file. The applicant alongwith her two minor daughters, is residing at Bhatinda at the mercy of her parents. She has no resources to sustain herself and raise her minor children. In the circumstances, it would certainly be difficult for the applicant-wife to go to Tarn Taran to attend the court proceedings with her minor children, as it will add financial burden upon the applicant. It is well settled principle of law that the convenience of the wife has to be kept in view in such like matters as has been held in cases of Sumitra Singh v. Kumar Sanjay and another, AIR 2002 SC 396 and Neelam Kanwar v. Devinder Singh Kanwar,2001(1) M.L.J.509 (SC). No prejudice is going to be caused to the respondent-husband by appearing in the Courts at Bhatinda. He is serving in the Army and thus has resources. Therefore, it would be in the interest of justice if petition filed by the T.A.No. 380 of 2011 3 respondent-husband under section 25 of the Guardian and Wards Act are transferred to the courts of competent jurisdiction at Bhatinda. In view of the above, the present application is allowed and the petition titled “Avtar Singh v. Sukhwinder Kaur” under section 25 of the Guardians and Wards Act,1890 is withdrawn from the court at Tarn Taran and is transferred to the court of competent jurisdiction at Bhatinda. File shall be sent by the trial court at Tarn Taran to the District Judge, Bhatinda within two weeks from the date of receipt of copy of this order, who will or entrust the same to any other court of competent jurisdiction at Bhatinda. Parties are directed to appear before the District Judge, Bhatinda on 31.10.2011. (JITENDRA CHAUHAN) JUDGE 16.9.2011 MS