TA No.174 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.174 of 2011 Date of decision : 05.05.2011 Ranjeet Kaur ...Applicant Versus Lakhwinder Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. R.S Longia, Advocate for the applicant. Mr. Arvind Singh, 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 ‘Lakhwinder Singh Vs. Ranjeet Kaur’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Panipat, to the Court of competent jurisdiction at Kurukshetra. TA No.174 of 2011 2 2. Learned counsel for the applicant contends that proceedings in FIR No.304 dated 21.11.2010 under Section 323, 506, 406, 498-A IPC and petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, are pending against the respondent at Pehowa, Distt. Kurukshetra. 3. Learned counsel for the applicant further contends that the applicant is a resident of Pehowa and the purpose of filing the petition under Section 13 of the Act is only to harass the applicant. She also apprehends threat at the hands of the respondent-husband. The distance between the two stations is more than 100 kms. 4. Learned counsel for the respondent has vehemently opposed the prayer. 5. I have heard the learned counsel for the parties. 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. Ranjeet Kaur, the applicant-wife, is residing at Pehowa. The respondent-husband filed a petition under Section 13 of TA No.174 of 2011 3 the Act, which is pending before learned Additional District Judge, Panipat. 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 three minor children, to attend the court proceedings at Panipat. 8. Considering the fact that the applicant is a resident of Pehowa 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 13 of the Act titled as ‘Lakhwinder Singh Vs. Ranjeet Kaur’ is withdrawn from the Court of learned Additional District Judge, Panipat, and is transferred to the Court of competent jurisdiction at Kurukshetra. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Panipat to the learned District Judge, Kurukshetra, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 10. The parties shall appear before the Court of learned District Judge, Kurukshetra, on 04.06.2011. 05.05.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No