TA No.549 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.549 of 2010 Date of decision : 13.07.2011 Balwinder Kaur ...Applicant Versus Inderpal Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ram Bilas Gupta, Advocate for the applicant. Respondent ex parte. 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 two cases, viz. petition titled as ‘Inderpal Singh Vs. Balwinder Kaur’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955, (for short `the Act') pending in the Court of learned Additional District Judge, Ludhiana, and the Execution Application in HMA No.3/4.1.2007 titled as ‘Inderpal Singh Vs. Balwinder Kaur’, pending before the Court of learned Additional Civil Judge (Sr. Divn.), Ludhiana, to the Court of competent jurisdiction at Faridabad/Palwal. TA No.549 of 2010 2 2. The learned counsel for the applicant contends that the applicant was ousted from the matrimonial home by the respondent in the year 2002. The child born out of the wedlock is also being maintained by her. The applicant has also filed petition under Section 125 Cr.P.C., at Faridabad and on the complaint of the applicant, FIR dated 23.02.2007 also stands registered at Faridabad. It is averred that the parents of the applicant are very poor. The distance between the two stations is more than 200 kms. 3. From a perusal of the service report, it is apparent that the respondent is deliberately avoiding service. Accordingly, he is proceeded against ex parte. 4. Hon'ble the Supreme Court in Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC), has observed as under:- “We are mindful of the fact that the petitioner is a lady and first respondent is a male, and, therefore, for convenience of wife, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reason not to do so. No special reason is shown.” 5. The two petitions filed by the applicant-wife are already pending at Faridabad, which are prior in time. Moreover, in the matrimonial proceedings, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. TA No.549 of 2010 3 6. In view of the above, the instant transfer application is allowed and the petitions as indicated at the outset of this order, are withdrawn from the Courts at Ludhiana, and are transferred to the Court of competent jurisdiction at Faridabad. The entire record pertaining to the petitions shall be sent by the trial Courts at Ludhiana to the learned District Judge, Faridabad, within three weeks, who will either himself dispose it of or entrust it to any other Court(s) of competent jurisdiction at Faridabad. 7. The parties shall appear before the learned District Judge, Faridabad, on 12.08.2011. 13.07.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No