IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 122 of 2011 Date of decision: 20.9.2011 Minakshi Sharma ...Applicant Versus Rakesh Kumar Sharma ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Gursimran Singh, Advocate for the applicant. Mr.Deepak Sharma, Advocate for the respondent *** JITENDRA CHAUHAN, J.(Oral) By filing the present application, the applicant-wife has sought transfer of the divorce petition titled as `Rakesh Kumar Sharma vs. Minakshi Sharma', filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, (for short `the Act') from the court of learned Additional Civil Judge (Senior Division), Faridkot, to the court of competent jurisdiction at Amritsar. I have heard the learned counsel for the parties. From perusal of the case file, it is made out that the applicant alongwith her minor child is residing in her parental house at Amritsar at the mercy of her parents, after being ousted from her matrimonial home. There are averments of continuous beatings, harassment and demand from dowry of the applicant by the respondent and in this regard an FIR has been lodged by the applicant against the respondent-husband. The TA No. 122 of 2011 -2- respondent-husband filed a petition under Section 9 of the Act, which is pending before learned Additional Civil Judge (Senior Division), Faridkot. It would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor son, to attend the court proceedings at Faridkot, which is at a distance of about 120 kms. from the place of her residence. Considering the fact that the applicant is a resident of Amritsar 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. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Rakesh Kumar Sharma Vs. Minakshi Sharma’ is withdrawn from the Court of learned Additional Civil Judge (Senior Division), Faridkot, and is transferred to the Court of competent jurisdiction at Amritsar. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Faridkot to the learned District Judge, Amritsar, within three weeks, who will either dispose it of himself or entrust it to any other Court of competent jurisdiction at Amritsar. The parties shall appear before the learned District Judge, Amritsar, on 22.10.2011. 20.09.2011 (JITENDRA CHAUHAN) gsv JUDGE