TA No.359 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.359 of 2011 Date of decision : 11.08.2011 Harinder Kaur ...Applicant Versus Harvinder Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Mandeep Kaur, Advocate, for Mr. R.S. Bains, 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 ‘Harvinder Singh Vs. Harinder Kaur’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act') from the Court of learned Civil Judge, Sr. Divn., Bathinda, to the Court of competent jurisdiction at Amritsar. 2. Learned counsel for the applicant contends that the applicant has filed a petition under Section 125 Cr.P.C. which is pending adjudication before the Court of learned SDJM, Baba Bakala, Amritsar. The learned counsel further contends that criminal TA No.359 of 2011 2 proceedings under Sections 406/498-A/34 IPC, against the respondent are also pending at Baba Bakala, District Amritsar. 3. It is further contended that after having been ousted from the matrimonial home, the applicant is residing in her parental home at Baba Bakala, Amritsar, along with the minor daughter. The purpose of filing the petition under Section 9 of the Act is only to harass the applicant. 4. I have heard the learned counsel for the applicant 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. Harinder Kaur, the applicant-wife, is residing at Baba Bakala, Distt. Amritsar. The respondent-husband filed a petition under Section 9 of the Act, which is pending before learned Civil Judge, Sr. Divn., Bathinda. It would certainly be difficult for the wife, living at the mercy of her parents, having no source of income and saddled with the responsibility of raising her minor daughter, to attend the court proceedings at Bathinda. TA No.359 of 2011 3 7. Considering the fact that the applicant is a resident of District Amritsar 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 9 of the Act titled as ‘Harvinder Singh Vs. Harinder Kaur’ is withdrawn from the Court of learned Civil Judge, Sr. Divn., Bathinda, and is transferred to the Court of competent jurisdiction at Baba Bakala, Distt. Amritsar. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Bathinda, to the learned District Judge, Amritsar, within three weeks, who will entrust it to any other Court of competent jurisdiction at Baba Bakala, Distt. Amritsar. 9. The parties shall appear before the Court of competent jurisdiction at Baba Bakala, on 12.09.2011. 11.08.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No