T.A.No. 328 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No. 328 of 2011 Date of decision 19.7.2011 Shweta Soni ...Applicant versus Ritam Soni ...Respondent CORAM : HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Vineet Chaudhary,Advocate for the applicant Mr.N.K.Behgal,Advocate for the respondent .... JITENDRA CHAUHAN.J (ORAL) This is an application filed under section 24 of the Code of Civil Procedure, for transferring the petitions titled “ Ritam Soni v. Shweta Soni” under section 13 of the Hindu Marriage Act,1955, (for short the 'Act') from the Court of Additional District Judge,Panipat to the court of competent jurisdiction at Ambala. Learned counsel for the applicant-wife submits that marriage between the parties was solemnized on 24.2.2008 and a daughter was born out of the wedlock of the parties. When the demand of dowry was not met by the applicant, she was subjected to harassment and maltreatment by the husband and his family members. The matter was reported to the police and the proceedings are pending in the Court of Chief Judicial Magistrate, Ambala. The applicant-wife was ousted from the matrimonial home by the husband. He further submits that earlier respondent filed a petition under section 9 of the Act, which was dismissed T.A.No. 328 of 2011 2 as withdrawn on 17.3.2011. Thereafter, on 19.3.2011, he filed a petition under section 13 of the Act, to harass the applicant-wife. He submits that the applicant has no resources to look after herself and the minor daughter. She is living at the mercy of her widowed mother and brother. He further submits that the respondent-husband belongs to a businessman family having business under the name and style of Multi Textiles and M/s Shivam Trading Company at Panipat, besides having rental income from the other properties. On the other hand, learned counsel for the respondent-husband denied the allegations and submitted that the husband is suffering from chronic depression and is taking treatment at Panipat. I have heard the learned counsel for the parties and gone through the record. The applicant-wife is residing at Ambala at the mercy of her mother and brother. She has no resources to look after herself and the minor daughter. It would certainly be difficult for the applicant-wife to go to Panipat, to attend the court proceedings. It will certainly add financial burden on her. It is well settled principle of law that the convenience of the wife has to be kept in view in such like matters as has been held in cases of Sumitra Singh v. Kumar Sanjay and another, AIR 2002 SC 396 and Neelam Kanwar v. Devinder Singh Kanwar,2001(1) M.L.J.509 (SC). The respondent is facing proceedings in the Court of Chief Judicial Magistrate, Ambala. No prejudice is going to be caused to the respondent-husband by appearing in the Court at Ambala. Therefore, it would be in the interest of justice if petition filed by the respondent-husband under section 13 of the Act is transferred to the court of competent jurisdiction at Ambala. T.A.No. 328 of 2011 3 In view of the above, the present application is allowed and the petitions titled “Ritam Soni v. Shweta Soni” under section 13 of the Act is withdrawn from the court of Additional District Judge,Panipat and is transferred to the court of competent jurisdiction at Ambala. File shall be sent by the trial court at Panipat to the District Judge,Ambala within two weeks from the date of receipt of copy of this order, who will either dispose it of or entrust the same to any other court of competent jurisdiction at Ambala. Parties are directed to appear before the District Judge, Ambala on 19.8.2011. (JITENDRA CHAUHAN) JUDGE 19.7.2011 MS Note: Whether to be referred to Reporter? Yes/No.