TA No.126 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.126 of 2011 Date of decision:18.7.2011 Rakhi ...Applicant Versus Jal Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Raman Chawla, Advocate, for the applicant. None for the respondent. -.- JITENDRA CHUAHAN, J. Despite service, no one has caused appearance on behalf of the respondent. Accordingly, he is proceeded against ex parte. This is an application filed by the applicant/wife, for transfer of the suit titled as `Jal Singh Vs.Smt.Rakhi', filed by the respondent/husband under Section 13 of the Hindu Marriage Act, 1955, (for short `the Act') from the court of learned District Judge/Family Court, Gurgaon, to the court of competent jurisdiction at District Judge, Bhiwani. I have heard the learned counsel for the applicant. From the perusal of case file, it emerges that the applicant is residing at the mercy of her parents at Village Loharu, District Bhiwani after being ousted from her matrimonial home. There are averments of continuous beatings and harassment of the applicant by the respondent. She has no source of income and there is no male member in the family to TA No.126 of 2011 2 accompany the applicant to attend the court proceedings at Gurgaon, which is at a distance of about 125 kms. In the circumstances, there would be a considerable inconvenience to the wife to visit on each date of hearing to Gurgaon, which is at a distance of about 125 kms. In a dispute between the husband and the wife, normally the wife is at a receiving end. It is the divorce petition of the husband and it should be conducted in a manner which will least trouble the wife. The balance of convenience is in favour of the applicant/wife and against the respondent/husband. Considering the facts that the applicant is residing at the mercy of her old parents at village Loharu, District Bhiwani; she has no source of income and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is on the side 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 ‘Jal Singh Versus Smt. Rakhi' is withdrawn from the Court of learned District Judge/Family Court, Gurgaon, and is transferred to the court of competent jurisdiction at Bhiwani. The complete record pertaining to suit in question shall be sent by the trial Court at Gurgaon, to the learned District Judge, Bhiwani, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Bhiwani will either dispose it of himself or entrust it to any Court of competent jurisdiction. The parties shall appear before the Court of District Judge, Bhiwani, on 18.8.2011. 18.7.2011 (JITENDRA CHAUHAN) mk JUDGE