TA No.271 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.271 of 2011 Date of decision : 01.11.2011 Rajinder Kaur ...Applicant Versus Kuldeep Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. M.S. Joshi, Advocate for the applicant. None 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 the transfer of the petition titled as ‘Kuldip Singh Vs. Rajinder 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, Ludhiana, to the Court of competent jurisdiction at Sunam, Distt. Sangrur. 2. I have heard learned counsel for the applicant and perused the record. 3. The main grouse of the applicant is that in spite of the fact that both the applicant and the respondent-husband are residing at TA No.271 of 2011 2 Sunam, District Sangrur, the respondent has initiated divorce proceedings at Ludhiana, with the mala fide intention to harass the applicant. It is averred that the applicant till date is residing at her matrimonial home at Sunam. The respondent is also stated to be serving as lecturer in Government Senior Secondary School, Jakhepal, near Sunam, District Sangrur. 4. The aforesaid averments made on behalf of the applicant are substantiated from the perusal of the divorce petition itself, wherein, the respondent himself claims to be the resident of Sunam. The applicant has specifically taken this stand in her reply filed before the trial Court in the divorce petition. 5. In Civil Revision No.3180 of 2010, preferred by the respondent-husband against the order passed by the learned trial Court, in the application filed by the applicant, this Court observed that “the respondent husband has intentionally filed the divorce petition at Ludhiana to harass the present petitioner, although both the parties are residing in Sunam District Sangrur. If the petition for divorce had been filed at Sangrur, it would have been convenient for both the parties”. 6. In this view of the matter, this Court is of the considered opinion that the ends of justice would be met only in case the present transfer application is allowed and the petition under Section 13 of the Act titled as ‘Kuldip Singh Vs. Rajinder Kaur’ is withdrawn from the Court of learned Additional District Judge, Ludhiana, and is transferred to the Court of competent jurisdiction at Sunam, District Sangrur. The entire record pertaining to the petition TA No.271 of 2011 3 under Section 13 of the Act shall be sent by the trial Court at Ludhiana to the learned District Judge, Sangrur, within three weeks, who will entrust it to any other Court of competent jurisdiction at Sunam. 7. The parties shall appear before the Court of competent jurisdiction at Sunam, on 12.12.2011. 01.11.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No