T.A. No.296 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.296 of 2010 Date of decision : 25.02.2011 Mamta ...Applicant Versus Yusuf ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. N.K.Manchanda, Advocate, for the applicant. ***** JITENDRA CHAUHAN, J. (Oral) 1. This is an application under Section 24 of the Code of Civil Procedure, for transfer of petition titled as ‘Yusuf Vs. Mamta', filed by the respondent under Section 9 of the Hindu Marriage Act (for short `the Act'), from the Court of learned Additional Civil Judge (Senior Division), Muktsar, to the Court of competent jurisdiction at Ferozepur. 2. Learned counsel for the applicant states that two petitions filed by the petitioner under Section 125 Cr.P.C. and a complaint under Sections 406 and 498-A IPC already pending at District Court, Ferozepur. The male child born out of this wedlock is also residing with the applicant. T.A. No.296 of 2010 -2- 3. Despite service, nobody has caused appearance on behalf of the respondent. Accordingly, respondent is proceeded against ex parte. 4. The applicant-wife is resident of Ferozepur. She has been ousted by the respondent-husband from her matrimonial home. She is raising the child born out of the wedlock and is residing at the mercy of her parents. It would be difficult for the wife to defend her case effectively at Muktsar, which is at a distance of about 100 Kms. The convenience of the wife, who has no source of income and is residing upon the mercy of her parents and without any help of other family members is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. Accordingly, the petition titled as ‘Yusuf Vs. Mamta', filed by the respondent under Section 9 of the Hindu Marriage Act, pending before the Court of learned Additional Civil Judge (Senior Division), Muktsar, deserves to be transferred to Ferozepur. 5. In view of the above, the instant transfer application is allowed and the petition titled as ‘Yusuf Vs. Mamta', filed by the respondent under Section 9 of the Hindu Marriage Act, is withdrawn from the Court of learned Additional Civil Judge (Senior Division), Muktsar, and is transferred to the Court of competent jurisdiction at Ferozepur. The record of the case under Section 9 of the Hindu Marriage Act shall be sent by the trial Court at Muktsar to the learned District Judge, Ferozepur, within three weeks, who will either himself dispose it of or entrust it to any Court of competent jurisdiction. T.A. No.296 of 2010 -3- 6. The parties shall appear before the Court of learned District Judge, Ferozepur at 11 A.M. on 26.03.2011. 25.02.2011 (JITENDRA CHAUHAN) Gagan JUDGE Note :Whether to be referred to Reporter ? Yes / No