TA No.177 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.177 of 2011 (O&M) Date of decision : 10.05.2011 Suman Kumari ...Applicant Versus Surinder ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. N.R. Dahiya, Advocate, for Mr. Jagat Singh, Advocate, for the applicant. Mr. Sandeep Goyal, 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 ‘Surinder s/o Shri Som Dutt Vs. Suman Kumari w/o Surinder’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of Additional District Judge, Kaithal, to the Court of competent jurisdiction at Bhiwani. 2. The transfer has been sought mainly on the ground that the respondent’s family is very influential and she apprehends danger to her life. TA No.177 of 2011 (O&M) 2 3. By way of CM Nos.12227-28-CII of 2011, reply on behalf of the respondent has been filed, which is taken on record. It has been averred in the reply that before the Women Cell as well as before the learned trial Court in the petition under Section 9 of the Act, the applicant has categorically stated that she does not want to live with the respondent. Therefore, the respondent had no option but to file the petition under Section 13 of the Act. 4. I have heard the learned counsel for the parties and perused the record. 5. It is a matter of record that the applicant-wife has refused to stay in the company of the respondent. However, the facts that the petition under Section 13 of the Act has been filed by the husband and the applicant has expressed a serious apprehension regarding her safety in case she goes to Kaithal to attend the Court proceedings, which cannot be ignored. Even otherwise, in a petition filed by the husband, the convenience of the wife is to be seen, particularly when the applicant is teaching in Bal Sadan and her absence therefrom, would adversely affect the studies of her students. 6. In this view of the matter, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Surinder s/o Shri Som Dutt Vs. Suman Kumari w/o Surinder’ is withdrawn from the Court of learned Additional District Judge, Kaithal, and is transferred to the Court of competent jurisdiction at Bhiwani. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Kaithal to the learned District Judge, TA No.177 of 2011 (O&M) 3 Bhiwani, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 7. The parties shall appear before the learned District Judge, Bhiwani, on 10.06.2011. 10.05.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No