T.A. No.219 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh Transfer Application No. 219 of 2010 (O&M) Date of decision : 28.9.2010 Neeraj Sharma ... Applicant vs Anoop Duggal .... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Deepak Sahni, Advocate for the applicant. Mr. Deepak Arora, Advocate for the respondent. Rajesh Bindal J. Prayer in the present application is for transfer of petition titled as “Anoop Duggal v. Neeraj Sharma alias Shalu” filed by the respondent/husband against the applicant-wife under Section 9 of the Hindu Marriage Act, 1955 (for short, `the Act') from the Court of learned Additional Civil Judge (Senior Division), Phagwara to the court of competent jurisdiction at Chandigarh. Learned counsel for the applicant submitted that marriage of the applicant was solemnised with the respondent according to Hindu rites on 11.2.1997 at Chandigarh. After the marriage, the respondent and his parents regularly harassed the applicant. She was turned out of the matrimonial home. Out of this wedlock, one son and one daughter were born. She along with her children is now living with her parents at Chandigarh. After having been thrown out of the matrimonial home, the applicant filed a complaint before the Women Cell, Chandigarh, which is pending. She also filed an application under Section 125 of the Cr.P.C, which is also pending. The respondent is already appearing in these cases at Chandigarh. The petition under Section 9 of the Act has been filed by the husband only to harass her and her family members. No maintenance is being paid to the applicant. She has no source of income. It was submitted that it is very difficult for the applicant to attend court proceedings by travelling 150 kilometers from Chandigarh to Phagwara along with her minor children. Father of the applicant is an old man. There is no one in the T.A. No.219 of 2010 -2- family to accompany her to attend the court proceedings at Phagwara. It is the convenience of the wife which is to be seen. Considering the aforesaid facts, the petition filed by the husband at Phagwara be transferred to the Court of competent Jurisdiction at Chandigarh. On the other hand learned counsel for the respondent opposed the prayer made by the learned counsel for the applicant. It was submitted that as the petition filed by the respondent is of civil nature, she need not visit the court regularly. Learned counsel for the respondent further submitted that the respondent does not have objection to transfer of the case but the same should be to any other place than Chandigarh. He also submitted that the respondent is also ready to settle the case. Heard learned counsel for the parties. Considering the fact that primarily convenience of the wife is to be seen and also that the husband has no objection to the transfer of the case as such, in my opinion, the proceedings in petition for restitution of conjugal rights filed by the husband deserves to be transferred to Chandigarh. The parties are directed to appear before Civil Judge (Senior Division), Chandigarh on 9.10.2010 for further proceedings. The Civil Judge (Senior Division), Chandigarh may either keep it with him or entrust the same to any other competent Court. The application stands disposed of accordingly. 28.9.2010 (Rajesh Bindal) renu Judge