T.A. No. 188 of 2010 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 188 of 2010 (O&M) Date of decision: 14.9.2010 Smt. Manjit Kaur .. Applicant v. Manvinder Singh .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Arun Kumar Bakshi, Advocate for the applicant. Mr. Sanjeev Manrai, Advocate for the respondent. ... Rajesh Bindal J. Prayer in the application is for transfer of the petition under Section 13 of the Hindu Marriage Act, 1955 filed by the respondent-husband at Jagadhri to Jalandhar, where the applicant-wife is residing. Learned counsel for the applicant submitted that she is residing at Jalandhar alone as she is working there as Principal in a school. Her father expired more than two decades back. She has one brother, who is residing at Patiala and even her mother is also living with him. Two children were born out of the wedlock, who are living with the husband. Earlier also, the respondent-husband had filed a divorce petition. The same was dismissed as withdrawn as the matter was compromised. The court at Jagadhri does not have the jurisdiction to entertain and decide the petition, considering the fact that the parties last resided at Jalandhar as husband and wife and not at Jagadhri. It was further submitted that it is the convenience of the wife, which is to be seen. There is no other litigation pending at Jalandhar. On the other hand, learned counsel for the respondent submitted that the applicant is not serving as a Principal in the school at present. The parties resided at Yamuna Nagar after the dispute was settled in the earlier divorce petition. It has been so mentioned by him in the divorce petition filed now. The court at Yamuna Nagar has the jurisdiction to entertain the petition. He further submitted that the husband is taking care of two school going children living with him. The applicant is quite an independent lady, who is living independently at T.A. No. 188 of 2010 [ 2] Jalandhar, even though her brother and mother are living at Patiala. If she can live and maintain herself independently, there is no reason that she cannot travel to Jagadhri to attend the hearings of the divorce petition. After hearing learned counsel for the parties, I do not find any merit in the present application. There are two children born out of the wedlock, who are living with the husband at Jagadhri. It is the case of the applicant herself that she is living alone at Jalandhar and serving as Principal (though the fact has been disputed by the respondent). Her brother and mother are living at Patiala. There is no other litigation pending at Jalandhar. Considering the aforesaid facts, in my opinion, the applicant has not been able to make out a case for transfer of the divorce petition filed by the respondent-husband. Accordingly, the application is dismissed. (Rajesh Bindal) Judge 14.9.2010 mk