TA No. 576 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 576 of 2011 Date of decision: 15.12.2011 Mandeep Kaur ....Applicant Versus Rishipal Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Pratik Pandit, Advocate for the applicant. Respondent ex-parte. ***** Jitendra Chauhan, J.(Oral) 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 ‘Rishipal Singh vs. Mandeep Kaur’, filed by the respondent-husband, under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional District Judge, Chandigarh, to the Court of competent jurisdiction at Jalandhar. I have heard learned counsel for the applicant and perused the file. From the perusal of case file, it emerges that the applicant, after being ousted from her matrimonial home, is presently residing with her TA No. 576 of 2011 2 parents at Jalandhar. She is maintaining the child, born out of the wedlock. There are averments of continuous beatings and harassment of the applicant by the respondent. Considering the facts that the applicant is residing with her parents at Jalandhar; it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor son, to attend the court proceedings at Chandigarh. In a petition filed by the husband, primarily the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour 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transfer application is allowed, petition under Section 13 of the Act titled as ‘Rishipal Singh Versus Mandeep Kaur' is withdrawn from the Court of learned Additional District Judge, Chandigarh and is transferred to the court of competent jurisdiction at Jalandhar. The complete record pertaining to the case in question shall be sent by the trial Court at Chandigarh, to the learned District Judge, Jalandhar, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Jalandhar will either dispose it of himself or entrust it to any other Court of competent jurisdiction. The parties through their counsel shall appear before the Court of District Judge, Jalandhar, on 21.1.2012 at 10 AM. 15.12.2011 (JITENDRA CHAUHAN) gsv JUDGE