TA No.467 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.467 of 2010 Date of decision :14.02.2011 Darshan Kaur ...Applicant Versus Jasbir Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Mohd. Yousaf, Advocate for the applicant. Mr. Sarju Puri, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. This is an application under Section 24 of the Code of Civil Procedure, for transfer of the petition titled as ‘Jasbir Singh Vs. Darshan Kaur’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, SBS Nagar (Nawanshahr), to the Court of competent jurisdiction at Ludhiana. 2. Learned counsel for the applicant contends that the applicant has filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, before the learned JMIC, Ludhiana, on 05.08.2009. Thereafter, the respondent has filed the TA No.467 of 2010 2 petition under Section 13 of the Act with sole purpose to harass the applicant. 3. Learned counsel for the applicant further contends that the applicant is a resident of Ludhiana and the purpose of filing the petition under Section 13 of the Act is only to harass the applicant. 4. Learned counsel for the respondent has vehemently opposed the prayer. 5. I have heard the learned counsel for the parties. 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.” 7. Darshan Kaur, 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, SBS Nagar (Nawanshahr). The applicant is living at the mercy of her relatives, having no source of income and no male member in the family to accompany her. It would thus, certainly be very difficult for the wife, to attend the court proceedings at Nawanshahr. 8. Considering the fact that the applicant is a resident of TA No.467 of 2010 3 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-husband. Accordingly, the petition filed by the respondent titled as ‘Jasbir Singh Vs. Darshan Kaur’ under Section 13 of the Act, pending in the Court of learned District Judge, SBS Nagar (Nawanshahr), 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 ‘Jasbir Singh Vs. Darshan Kaur’ is withdrawn from the Court of learned District Judge, SBS Nagar (Nawanshahr), and is transferred to the Court of competent jurisdiction at Ludhiana. File of the petition shall be sent by the trial Court at Nawanshahr 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 14.03.2011. 14.02.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No