TA No.345 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.345 of 2011 Date of decision : 03.08.2011 Lakhwinder Kaur @ Lokho ...Applicant Versus Satnam Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.B.S. Jaswal, Advocate for the applicant. Mr. Manish Parbhakar, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred by the applicant-wife, under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ‘Satnam Singh Vs. Lakhwinder Kaur’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955, (for short `the Act') from the Court of learned Civil Judge (Sr. Division), Amritsar, to the Court of competent jurisdiction at Nakodar, District Jalandhar. 2. Learned counsel for the applicant contends that the applicant has filed a petition under Section 125 Cr.P.C., which is pending adjudication before the Court of Judicial Magistrate (First Class), Nakodar. TA No.345 of 2011 2 3. It is further contended that the applicant is a resident of Nakodar, District Jalandhar, and the purpose of filing the petition under Section 9 of the Act is only to harass the applicant. 4. The learned counsel for the respondent has vehemently opposed the prayer. 5. I have heard the learned counsel for the parties 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.” 7. Mrs. Lakhwinder Kaur, the applicant-wife, is presently residing at Nakodar, District Jalandhar. The respondent-husband filed a petition under Section 9 of the Act, which is pending before learned Civil Judge, Senior Division, Amritsar. It would certainly be difficult for the wife, living at the mercy of her parents along with her two minor children born out of this wedlock, since June, 2009 and having no source of income, to attend the court proceedings at Amrtisar, which is at a distance of about 150 kms. from the place of her residence. 8. Considering the fact that the applicant is a resident of TA No.345 of 2011 3 Nakodar, District Jalandhar, 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. 9. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Satnam Singh Vs. Lakhwinder Kaur’ is withdrawn from the Court of learned Civil Judge, (Senior Division), and is transferred to the Court of competent jurisdiction at Nakodar. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Amrtisar to the learned District Judge, Jalandhar, within three weeks, who will entrust it to any other Court of competent jurisdiction at Nakodar. 10. The parties shall appear before the learned District Judge, on 30.08.2011. 03.08.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No