T.A. No.27 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.27 of 2011 Date of decision : 24.02.2011 Bhawna Priya ...Applicant Versus Arun Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Mohd. Yousaf, Advocate, for the applicant. Mr. Rahul Rampal, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. This is an application under Section 24 of the Code of Civil Procedure, for transfer of petition titled as ‘Arun Kumar Vs. Bhawna Priya', filed by the respondent under Section 9 of the Hindu Marriage Act (for short `the Act'), from the Court of learned Civil Judge (Junior Division), Ludhiana, to the Court of competent jurisdiction at Patiala. 2. Learned counsel for the applicant has submitted that two cases, one under Sections 406, 498-A and 506 IPC and another under Section 125 Cr.P.C. are pending adjudication at Patiala. The FIR case T.A. No.27 of 2011 -2- is prior in time then the petition moved by the respondent under Section 9 of the Hindu Marriage Act, 1955. 3. On the other hand, learned counsel for the respondent submits that the trial cannot be shifted only on account of the distance. 4. I have heard the learned counsel for the parties. 5. Hon'ble the Supreme Court in Sumita Singh vs Kumar Sanjay and another, A.I.R. 2002 S.C. 396, has observed that the conenience of wife is to be seen. 6. Moreover, in the instant case, the child born out of the wedlock is residing with the applicant-wife. The applicant, who has allegedly been thrown out of the matrimonial home, is residing at the mercy of her parents. The applicant-wife certainly would not be able to defend her case effectively at Ludhiana, which is at a distance of more than 114 Kms. The respondent-husband is not in government job so as to seek permission from his employer. Accordingly, the petition titled as ‘Arun Kumar Vs. Bhawna Priya', filed by the respondent under Section 9 of the Hindu Marriage Act, pending in the Court of learned Civil Judge (Junior Division), Ludhiana, deserves to be transferred to Patiala. 7. In view of the above, the instant transfer application is allowed and the petition titled as ‘Arun Kumar Vs. Bhawna Priya', filed by the respondent under Section 9 of the Hindu Marriage Act, is withdrawn from the Court of learned Civil Judge (Junior Division), Ludhiana, and is transferred to the Court of competent jurisdiction at T.A. No.27 of 2011 -3- Patiala. File of the petition shall be sent by the trial Court at Ludhiana to the learned District Judge, Patiala, within three weeks, who will either himself dispose it of or entrust it to any Court of competent jurisdiction. 8. The parties shall appear before the Court of learned District Judge, Patiala at 11 A.M. on 25.03.2011. 24.02.2011 (JITENDRA CHAUHAN) Gagan JUDGE Note :Whether to be referred to Reporter ? Yes / No