IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 508 of 2011 Date of decision: 9.11.2011 Ruchi Gill ....Applicant Versus S.Ravinder Singh Gill ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Aman Bansal, Advocate for the applicant. Mr.ABS Sidhu, Advocate for the respondent ***** Jitendra Chauhan, J.(Oral) The present application under Section 24 of the Code of Civil Procedure has been filed by the applicant-wife, seeking transfer of the petition titled as 'Ravinder Singh Gill vs. Ruchi Gill', filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 from the court of learned Civil Judge (Junior Division), Faridkot to any other competent court of jurisdiction at Chandigarh. I have heard learned counsel for the parties and perused the case file. From the perusal of the case file, it is made out that the applicant, after having been turned out from her matrimonial home, is presently residing at the mercy of her parents at Chandigarh. She is also maintaining the young children born out of the wedlock. There are averments of torture and humiliation of the applicant by the respondent and his family members. The petition under Section 9 of the Act appears to have been filed only to harass the applicant. In the circumstances, it would be very difficult for the applicant to go to Faridkot to attend the court TA No. 508 of 2011 -2- proceedings, which is at a distance of about 250 Kms. It is well settled principle of law that convenience of the wife is to be seen in the petitions filed by the husband as has been held by the Hon'ble Supreme Court in the cases of Sumitra Singh vs. Kumar Sanjay and another, AIR 2002 SC 396, Neelam Kumar vs. Devinder Singh Kanwar, 2001(1) MLJ 509 and Mangla Patil Kale vs. Sanjeev Kumar (2003) 10 SCC 280. Considering the facts that the applicant is residing at the mercy of her old parents at Kalanwali, District Sirsa, she has no source of income, saddled with the responsibility of raising her minor child and 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of the above, the instant transfer application is allowed, petition titled as ‘Ravinder Singh Gill vs. Ruchi Gill' is withdrawn from the Court of learned Civil Judge (Junior Division), Faridkot, and is transferred to the court of competent jurisdiction at Chandigarh. The complete record pertaining to said case shall be sent by the trial Court at Faridkot, to the learned District Judge, Chandigarh, within two weeks from the date of receipt of a copy of this judgment. The learned District Judge, Chandigarh will either dispose it of himself or entrust it to any Court of competent jurisdiction at Chandigarh. The parties shall appear before the Court of District Judge, Chandigarh, on 17.12.2011 at 10 AM. 9.11.2011 (JITENDRA CHAUHAN) gsv JUDGE