T.A. No. 493 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 493 of 2011 (O&M) Date of decision: 17.11.2011 Chhamitra @ Sushma Dixit ....Applicant Versus Sunil Kumar ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Chanderhas Yadav, Advocate for the applicant. Respondent ex-parte. ***** Jitendra Chauhan, J.(Oral) 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 ‘Sunil Kumar Vs. Chhamitra @ Sushma’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, (Family Court), Sonepat, to the Court of competent jurisdiction at Jhajjar. I have heard learned counsel for the applicant and perused the case file. From the perusal of the case file, it emerges that the applicant had been ousted from her matrimonial home. She is permanently residing at T.A. No. 493 of 2011 (O&M) 2 the mercy of her old parents at Jhajjar. It would certainly be difficult for the wife, having no source of income, to attend the court proceedings at Sonepat in a petition filed under Section 9 of the Act filed by the husband. The convenience of the wife cannot be ignored Considering the facts that the applicant is residing at the mercy of her old parents at Jhajjar, she has no source of income and primarily the convenience of the wife is to be seen, therefore, in my opinion, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition titled as ‘Sunil Kumar vs. Chhamitra @ Sushma Dixit', is withdrawn from the Court of learned District Judge, Family Court, Sonepat, and is transferred to the court of competent jurisdiction at Jhajjar. The complete record pertaining to said case shall be sent by the trial Court at Sonepat, to the learned District Judge, Jhajjar, within two weeks from the date of receipt of a copy of this judgment. The learned District Judge, Jhajjar will either dispose it of himself or entrust it to any Court of competent jurisdiction at Jhajjar. The parties shall appear before the Court of District Judge, Jhajjar, on 3.12.2011 at 10 AM. 17.11.2011 (JITENDRA CHAUHAN) gsv JUDGE