IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 442 of 2011 Date of decision: 20.9.2011 Smt.Ritu ...Applicant Versus Surender Kumar ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Ajit Sihag, Advocate for the applicant Respondent ex-parte *** JITENDRA CHAUHAN, J.(Oral) Through this application, the applicant/wife has knocked the door of this Court for the transfer of the petition bearing caption `Surender Kumar Vs. Smt. Ritu', 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)-cum- Family Court, Fatehabad, to the court of competent jurisdiction at Hisar. I have heard the learned counsel for the applicant. The perusal of the case file, it reveals that the applicant is having two minor children. She has been ousted from her matrimonial home alongwith her two minor children. Now she is residing at the mercy of her parents at Village Dhani Barwali, District Hisar. There are averments of continuous beatings and harassment of the applicant by the respondent. TA No. 442 of 2011 -2- Considering the facts that the applicant alongwith her two minor children is residing at the mercy of her old parents at village Dhani Barwali, District Hisar; she has no source of income and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is on the side of the wife, the applicant. Accordingly, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 9 of the Act titled as ‘Surender Kumar Versus Smt. Ritu' is withdrawn from the Court of learned Additional Civil Judge (Senior Division)-cum- Family Court, Fatehabad, and is transferred to the court of competent jurisdiction at Hisar. The complete record pertaining to suit in question shall be sent by the trial Court at Fatehabad, to the learned District Judge, Hisar, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Hisar will either dispose it of himself or entrust it to any Court of competent jurisdiction. The parties through their respective counsel shall appear before the Court of District Judge, Hisar, on 29.10.2011 at 10 AM. 20.09.2011 (JITENDRA CHAUHAN) gsv JUDGE