TA NO.481 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA NO.481 of 2011 Date of decision: 29.9.2011 Rajni ....Applicant Versus Jai Kumar ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Devinder Bir Singh, Advocate for the applicant. Mr.Baljinder Singh, Advocate for the respondent ***** Jitendra Chauhan, J.(Oral) The present application has been filed by the applicant-wife seeking transfer of the case titled as 'Jai Kumar vs. Rajni' filed by the respondent-wife under Section 13 of the Hindu Marriage Act, from the Court of learned Additiional District Judge, Chandigarh to the court of competent jurisdiction at Ludhiana. Learned counsel for the applicant contends that the applicant has filed two petitions, one under Section 125 of Cr.P.C. and other under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which are pending adjudication before the competent Courts at Ludhiana. Further contends that presently applicant, after having been ousted from her matrimonial home, is residing with her parents and the purpose of filing the TA NO.481 of 2011 2 petition by the respondent-husband under Section 13 of the Act is only to harass and humiliate the applicant. On the other hand, learned counsel for the respondent has vehemently opposed the prayer of the applicant. I have heard learned counsel for the parties and perused the file. From the perusal of the case file, it emerges that the applicant after having been ousted from her matrimonial home, is residing at the mercy of her old parents at Ludhiana. 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, which is still pending before the competent Court at Ludhiana. She has no source of income and there is no male member in the family to accompany the applicant to attend the court proceedings at Chandigarh, which is at a distance of 120 Kms. Considering the fact that the applicant after having been ousted from her matrimonial home is residing at the mercy of her old parents at Ludhiana; 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 13 of the Act titled as 'Jai Kumar vs. Rajni' is withdrawn from the court of learned Additional District Judge, Chandigarh, and is transferred to the court of competent jurisdiction at TA NO.481 of 2011 3 Ludhiana. The complete record pertaining to the case in question shall be sent by the trial court at Chandigarh to the learned District Judge, Ludhiana within two weeks from the date of receipt of the certified copy of this order. The learned District Judge, Ludhiana will either dispose it of himself or entrust it to any court of competent jurisdiction. The parties through their respective counsel shall appear before the court of learned District Judge, Ludhiana on 29.10.2011 at 10 AM. 29.09.2011 (JITENDRA CHAUHAN) gsv JUDGE