TA No.53 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.53 of 2011 Date of decision : 28.03.2011 Amita Singla ...Applicant Versus Rajneesh Kumar Singla ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Monika Goyal, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. Smt. Amita Singla, the applicant-wife has preferred this application under Section 24 of the Code of Civil Procedure, seeking transfer of the petition under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Rajneesh Kumar Singla Vs. Amita Singla’, filed by the respondent, from the Court of learned District Judge, Faridkot, to the Court of competent jurisdiction at Ludhiana. TA No.53 of 2011 2 2. The learned counsel for the applicant contends that the applicant has been ousted from her matrimonial home by the respondent and she has been residing with her parents at Ludhiana since 03.10.2010. Two minor children born out of the wedlock are also residing with her. 3. The learned counsel for the applicant further contends that the applicant is apprehending serious threats to her life and liberty at the hands of the respondent and his family members. Due to these threats, the applicant has been forced to resign from her job at the Army School, Faridkot Cantt. and now she is at the mercy of her parents. 4. None has caused appearance on behalf of the respondent despite service. Accordingly, the respondent 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.” TA No.53 of 2011 3 7. Amita Singla, the applicant-wife, is residing at Ludhiana. The respondent-husband filed a petition under Section 13 of the Act, which is pending before learned District Judge, Faridkot. It would certainly be difficult for the wife, living at the mercy of her parents and saddled with the responsibility of raising her minor children, to attend the court proceedings at Faridkot. 8. Considering the fact that the applicant is a resident of Ludhiana 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. Accordingly, the petition filed by the respondent titled as ‘Rajneesh Kumar Singla Vs. Amit Singla’ under Section 13 of the Act, pending in the Court of learned District Judge, Faridkot, deserves to be transferred to Ludhiana. 9. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Rajneesh Kumar Singla Vs. Amita Singla’ is withdrawn from the Court of learned District Judge, Faridkot, and is transferred to the Court of competent jurisdiction at Ludhiana. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Faridkot to the learned District Judge, Ludhiana, 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, Ludhiana, on 23.04.2011. TA No.53 of 2011 4 28.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No