T.A. No. 104 of 2009 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 104 of 2009 (O&M) Date of decision: 8.10.2010 Mubin Begum .. Applicant v. Kikkar Khan alias Kikar Singh .. Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Mohd. Salim, Advocate for the applicant. ... Rajesh Bindal J. Prayer in the application is for transfer of the petition for restitution of conjugal rights filed by the respondent at Talwandi Sabo. Learned counsel for the applicant submitted that even though service of the respondent is complete, but he has not put in appearance. The appellant was turned out of the matrimonial home just after three months of the marriage and presently she is living with her parents. She is not even being paid any maintenance by the respondent. He further submitted that in the application filed by the applicant under Section 125 Cr.P.C. before the learned Magistrate seeking maintenance, the respondent is not appearing. Prayer is for transfer of the petition for restitution of conjugal rights from Talwando Sabo to Malerkotla, considering the convenience of the applicant. Despite service, the respondent has not put in appearance. Considering the fact that primarily it is the convenience of the wife, which is to be considered for the purpose of transfer of proceedings in a matrimonial case and also the conduct of the respondent-husband who had remained absent despite service, it would be appropriate to transfer the petition filed by the respondent at Talwandi Sabo to Malerkotla. The parties are directed to appear before Additional Civil Judge (Senior Division), Malerkotla on 30.10.2010 for further proceedings. The learned Additional Civil Judge (Senior Division), Malerkotla may either keep the petition with himself or entrust the same to any other competent court. As the respondent remained unrepresented, the factum regarding transfer of the petition from Talwandi Sabo to Malerkotla shall be brought to the notice of the respondent or his counsel by the court at Talwandi Sabo on the next T.A. No. 104 of 2009 [ 2] date of hearing fixed therein. The application stands disposed of. (Rajesh Bindal) Judge 8.10.2010 mk