TA No.351 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.351 of 2011 Date of decision : 02.09.2011 Davinder Kaur ...Applicant Versus Kala @ Balkar Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. R.S. Bajaj, Advocate for the applicant. Mr. Suvneet Sharma, 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 transfer of the petition titled as ‘Kala @ Balkar Singh Vs. Davinder Kaur’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional District Judge, Patiala, to the Court of competent jurisdiction at Fatehgarh Sahib. 2. Learned counsel for the applicant contends that on the complaint made by the applicant, FIR under Sections 406/498-A/34 IPC stands registered against the respondent and his family members TA No.351 of 2011 2 in which they are already facing trial at Fatehgarh Sahib. Proceedings under Sections 125 Cr.P.C. and 128 Cr.P.C. are also pending against the respondent before the competent Courts at Fatehgarh Sahib. 3. The learned counsel for the respondent has vehemently opposed the prayer. 4. I have heard the learned counsel for the parties and perused the record. 5. 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.” 6. Smt. Davinder Kaur, the applicant-wife, is residing at Fatehgarh Sahib. The respondent-husband filed a petition under Section 13 of the Act, which is pending before learned Additional District Judge, Patiala. It would certainly be difficult for the wife, living at the mercy of her parents and saddled with the responsibility of raising her minor daughter, to attend the court proceedings at Patiala. She also apprehends threat to her life and liberty at the hands of the respondent and his family members. TA No.351 of 2011 3 7. Considering the fact that the applicant is a resident of Fatehgarh Sahib, and primarily, 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. 8. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Kala @ Balkar Singh Vs. Davinder Kaur’ is withdrawn from the Court of learned Additional District Judge, Patiala, and is transferred to the Court of competent jurisdiction at Fatehgarh Sahib. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Patiala, to the learned District Judge, Fatehgarh Sahib, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Fatehgarh Sahib. 9. The parties shall appear before the learned District Judge, Fatehgarh Sahib, on 22.10.2011. 02.09.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No