T.A. No. 419 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 419 of 2011 Date of decision: 05.12.2011 Pushpita ..Applicant Versus Sunny Dahiya ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: None. 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 ‘Sunny Dahiya Vs. Pushpita’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge/Family Court, Gurgaon, to District Court at Panchkula. 2. There is no assistance on behalf of the parties. 3. A perusal of the file reveals that the applicant has filed a petition under Section 125 Cr.P.C., which has been dismissed for non- prosecution. It has been averred that due to the cruelties and torture meted out to her by the respondent and his family members the petitioner has suffered a mental pain and agony. She is unable to maintain herself. Her parents and only brother had already passed away. She is only surviving with the help of her friend(Ranjna) and she is a resident of House No. 285, Sector 19, Panchkula and the T.A. No. 419 of 2011 2 purpose of filing the petition by the husband under Section 13 of the Act is only to harass the applicant. 4. 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, convenience- wise, a transfer to the place where the lady is residing, would be preferred by this Court unless it is shown that there are special reasons not to do so. No such special reason is shown.” 5. Pushpita, the applicant-wife, is residing at Panchkula. The respondent-husband filed a petition under Section 13 of Hindu Marriage Act, in which she could not properly defend herself and was proceeded against ex parte and ultimately she had to join the proceedings by filing civil revision. It would certainly be difficult for the wife, living at the mercy of her friend and having no source of income, to attend the court proceedings at Gurgaon. 6. Considering the fact that the applicant is a resident of Panchkula 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. 7. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Sunny Dahiya Vs. Pushpita’, is withdrawn from the Court of learned District T.A. No. 419 of 2011 3 Judge, Gurgaon, and is transferred to the Court of competent jurisdiction at Panchkula . The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Gurgaon to the learned District Judge, Panchkula, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Panchkula 8. The parties shall appear before the learned District Judge, Panchkula on 23.12.2011 at 10:00 AM. December 05, 2011 (JITENDRA CHAUHAN) Poonam (II) JUDGE Note : Whether to be referred to Reporter ? Yes / No