TA No.393 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.393 of 2010 Date of decision:28.2.2011 Prerna ...Applicant Versus Pawan Kumar ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.A.K.Khunger, Advocate, for the applicant. Ms. Harmanpreet Kaur, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) Through this transfer petition, the wife/applicant seeks the transfer of matrimonial proceedings filed by the husband/respondent at Muktsar to Bathinda, where she is now residing. It is her case that she has no source of income and her parents is no more in the world and therefore, it is difficult her to attend the court proceedings at Muktsar. I have heard the learned counsel for the parties. From the perusal of the record, it emerge that the petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is pending at Bathinda. The applicant is resourceless and lost her parents. There is no one to help her. It is the divorce petition of the husband and it should be conducted in a manner which should least trouble the wife. In the circumstances, it would certainly be not convenient for the applicant to undertake frequent trips from Bathinda to Muktsar. The balance of TA No.393 of 2010 2 convenience is in favour of the applicant and against the respondent. It is well settled principle of law that convenience of the wife is to be seen in such like matters as has been held in cases of Sumitra Singh Vs. Kumar Sanjay and another, AIR 2002 SC 396, Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC) and Mangla Patil Kale Vs.Sanjeev Kumar, (2003) 10 SCC 280. Considering the facts that the applicant is resourceless and the petition filed by the applicant is pending at Bathinda, primarily the convenience of the wife is to be seen, therefore, in my opinion, the present application deserves to be allowed. In view of the above, the application is allowed. The petition filed by the respondent titled `Pawan Kumar Vs. Prerna' under Section 13 of the Act is withdrawn from the court of learned District Judge Muktsar and is transferred to the court of competent jurisdiction at Bathinda. File shall be sent by the trial Court at Muktsar to the learned District Judge, Bathinda, within two weeks from the date of receipt of a certified copy of this order. The learned District Judge, Bathinda will either himself dispose it of or entrust it to any other Court of competent jurisdiction. Parties are directed to appear before the District Judge, Bathinda, on 28.3.2011 28.2.2011 (JITENDRA CHAUHAN) mk JUDGE Note: Whether to be referred to the Reporter? Yes / No