IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 196 of 2007 Date of Order: 29.08.2008 Balwinder Kaur ...Appellant Versus Lakhwinder Singh ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Chander Shekhar, Advocate for the applicant. Mr. Vijay Sharma, Advocate for the respondent. RAJIVE BHALLA, J. (Oral) The applicant-wife prays for transfer of the petition titled as "Lakhwinder Singh v. Balwinder Kaur" filed under Section 9 of the Hindu Marriage Act from the Court of Shri Karnail Singh, Additional Civil Judge (Senior Division), Samana to any Court of competent jurisdiction at Ambala. Counsel for the applicant submits that the applicant is resident of Ber-Kheri, Tehsil Naraingarh, District Ambala. She is illiterate and unable to maintain herself and has filed an application under Section 125 Cr.P.C. before the Judicial Magistrate Ist Class, Ambala. It is further submitted that it is very difficult for the applicant to visit Samana on each and every date because Samana is at a distance of 175 Kms. She has to change 5 buses to reach Samana. It is, therefore, prayed that the aforementioned petition be transferred to Ambala. Counsel for the respondent on the other hand by referring to the written response filed by the respondent states that the respondent is physically handicapped and, therefore, cannot move easily. It is further Transfer Application No. 196 of 2007 -2- submitted that the applicant has concealed material facts, namely, that the respondent is looking after their three children, who were abandoned by the applicant. It is further submitted that the inconvenience, if any would be to the respondent as he is physically handicapped and has to look after three minor children. I have heard counsel for the parties and perused the pleadings. Courts tend to lean towards acceptance of a wife's prayer for transfer, on her alleged inconvenience in attending Court. A Court, however, cannot lose sight and must attempt to strike a balance between the rights of the parties, and not blindly accept a wife's assertions. The present is a case where the husband is admittedly physically handicapped and has to look after three minor children. Whether the applicant abandoned the children or was turned out of the matrimonial home, is a matter to be determined by the trial Court. However, the mere fact that the wife may have to travel some distance to appear before the Court at Patiala, in view of the facts noticed above would not be a ground to transfer the divorce petition. Inconvenience to the husband would far out weight the inconvenience to the wife on account of his physical handicap and his duty to look after the welfare of three minor children. In view of what has been stated herein above, I find no merit in this transfer application, which is dismissed with no orders as to costs. August 29, 2008 (RAJIVE BHALLA) nt JUDGE