TA No.119 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.119 of 2011 Date of decision:5.4.2011 Jyoti Rauthan ...Applicant Versus Ravinder Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: None for the applicant. Mr.J.P.Bhatt, Advocate, for the respondent. -.- JITENDRA CHAUHAN, J. (Oral) This application is filed by the wife-applicant seeking transfer of the matrimonial proceedings from Ambala to Chandiarh, where she is presently residing. No one has caused appearance on behalf of the applicant. Reply filed on behalf of respondent is taken on record. The learned counsel for the respondent vehemently opposes the prayer of the applicant and states that the applicant left the matrimonial home on her own accord. The distance between two stations is about 40 kms only. I have heard the learned counsel for the respondent. From the perusal of file, it emerges that the applicant is a TA No.119 of 2011 2 resident of Chandigarh and living at the mercy of her old parents alongwith her minor daughter. There is no one in the family to accompany the applicant to attend the court proceedings at Ambala Cantt. In the circumstances, there would be a considerable inconvenience to the wife and the child, who is studying at Chandigarh, to visit on each date of hearing to Ambala. It is the divorce petition of the husband and it should be conducted in a manner which will least trouble the wife. The balance of convenience is in favour of the applicant and against the respondent. It is well settled principle of law that convenience of the wife is to be seen in such like matters as has been held in cases of Sumitra Singh Vs. Kumar Sanjay and another, AIR 2002 SC 396, Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC) and Mangla Patil Kale Vs.Sanjeev Kumar, (2003) 10 SCC 280. Keeping in view the facts that the applicant is having a minor daughter; no one in the family to accompany her to Ambala and primarily the convenience of the wife is to be seen, in my opinion, the present application deserves to be allowed. In view of the above, the application is allowed. The petition filed by the respondent titled `Ravinder Singh Rauthan Vs. Smt. Jyoti Rauthan' under Section 13(1) of the Hindu Marriage Act, 1955 is withdrawn from the court of learned District Judge, Ambala and is transferred to the court of competent jurisdiction at Chandigarh. File shall be sent by the trial Court at Ambala to the learned District Judge, Chandigarh, within two weeks from the date of receipt of a certified copy of this order. The learned District Judge, Chandigarh, will either dispose it of himself or entrust it to TA No.119 of 2011 3 any other Court of competent jurisdiction. Parties are directed to appear before the District Judge, Chandigarh, on 5.5.2011. 5.4.2011 (JITENDRA CHAUHAN) mk JUDGE