TA No.406 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.406 of 2011 (O&M) Date of decision : 07.09.2011 Smt. Harmeet Kaur ...Applicant Versus Inderjeet Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Sudhir Aggarwal, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. As per the report regarding service, the respondent has been served in person, however, none has caused appearance on his behalf. Accordingly, the respondent is proceeded against ex parte. 2. The present application has been preferred by the applicant- wife, under Section 24 of the Code of Civil Procedure, praying for transfer of the petition titled as ‘Shri Inderjeet Singh Vs. Smt. Harmeet Kaur’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge-cum- Family Court, Faridabad, to the Court of competent jurisdiction at Gurgaon. 3. Learned counsel for the applicant contends that after having TA No.406 of 2011 (O&M) 2 been ousted from the matrimonial home, the applicant is residing with her parents at Gurgaon. She has filed a petition under Section 13 of the Act, which is pending adjudication before the Family Court, Gurgaon. It is further contended that the petition under Section 9 of the Act is a counterblast to the petition filed by the applicant, only to harass the applicant. She is also maintaining the infant child born out of the wedlock between the parties. 4. I have heard the learned counsel for the applicant and perused the record. 5. 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.” 6. Smt. Harmeet Kaur, the applicant-wife, is residing at Gurgaon. The respondent-husband filed a petition under Section 9 of the Act, which is pending before learned District Judge, Faridabad. It would certainly be difficult for the wife, living at the mercy of her parents, having no source of income and saddled with the responsibility of raising her infant child, to attend the court proceedings at Faridabad. TA No.406 of 2011 (O&M) 3 She also apprehends threat at the hands of the respondent-husband. 7. Considering the fact that the applicant is a resident of Gurgaon,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. 8. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Shri Inderjeet Singh Vs. Smt. Harmeet Kaur’ is withdrawn from the Court of learned District Judge-cum- Family Court, Faridabad, and is transferred to the Court of competent jurisdiction at Gurgaon. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Faridabad, to the learned District Judge, Gurgaon, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Gurgaon. 9. The parties shall appear before the learned District Judge, Gurgaon, on 12.10.2011. 07.09.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No