TA No.361 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.361 of 2011 (O&M) Date of decision : 10.08.2011 Gurpreet Kaur ...Applicant Versus Sanjeev Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Achin Gupta, Advocate for the applicant. Mr. L.M. Gulati, 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 ‘Sanjeev Kumar Vs. Gurpreet Kaur’, (Annexure A-2) filed by the respondent under Section 13 of the Hindu Marriage Act, 1955, (for short `the Act') from the Court of learned Addl. District Judge, Amritsar, to the Court of competent jurisdiction at Bathinda. 2. Learned counsel for the applicant contends that the petition, Annexure A-2, filed by the respondent under Section 13 of the Act, is an effort to dissuade the applicant to pursue the petition filed by her TA No.361 of 2011 2 under Section 125 Cr.P.C. at Bathinda. It is further contended that after having been ousted from the matrimonial home, the applicant is residing with her parents at Bathinda. The respondent being alcoholic and drug addict tortured the applicant and apprehends threat to her life and liberty in case the present application is not allowed. 3. On the other hand, the learned counsel for the respondent has vehemently opposed the prayer and contended that the applicant herself deserted the matrimonial home. 4. I have heard the learned counsel for the parties and perused the record. 5. The petition filed by the applicant under Section 125 Cr.P.C. at Bathinda is prior in time. Moreover, in a petition filed by the husband, the convenience of the wife is to be seen. 6. In view of the above, the instant transfer application is allowed and the petition, Annexure A-2, is withdrawn from the Court of learned Addl. District Judge, Amritsar, and is transferred to the Court of competent jurisdiction at Bathinda. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Amritsar, to the learned District Judge, Bathinda, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Bathinda. 7. The parties shall appear before the learned District Judge, Bathinda, on 09.09.2011. TA No.361 of 2011 3 10.08.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No