TA No. 435 of 2009 (1) In the High Court of Punjab & Haryana at Chandigarh TA No. 435 of 2009 (O&M) Date of decision : 07.12.2010 Gurwinder Kaur ... Applicant vs Davinder Singh .... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Nikhil Sharma, Advocate for Mr. A. S. Manaise, Advocate, for the applicant. Mr. Vipin Mahajan, Advocate, for the respondent. Rajesh Bindal J. Prayer in the application is for transfer of petition under Section 9 of the Hindu Marriage Act, 1955 (for short, “the Act”) filed by the husband at Gurdaspur to Yamuna Nagar. Learned counsel for the applicant submitted that the marriage of the parties was solemnised on 11.10.1998 at Yamuna Nagar as per Sikh rites. After marriage, the parties started residing at their matrimonial home at Dhariwal, District Gurdaspur. Out of the wedlock, one male child Harnoor was born, who is now residing with the father. The applicant is residing with her widow mother at Yamuna Nagar. The husband is residing at Dhariwal and working with the Punjab State Electricity Board. The petition under Section 9 of the Act has been filed by the husband at Gurdaspur only to harass the applicant wife. The distance from Gurdaspur to Yamuna Nagar is more than 250 kilometers. It is submitted that there is no one in the family to accompany her to attend the court proceedings at Gurdaspur. It was submitted that petitions filed by her under Section 12 of the Protection of Women from Domestic Violence Act, 2005, under Section 125 Cr.P.C. seeking maintenance and under Hindu Minority and Guardianship Act are pending at Yamuna Nagar. The husband is attending the aforesaid three cases at Yamuna Nagar and it will not be difficult for him to attend additional proceedings at Yamuna Nagar. On the other hand, learned counsel for the respondent denied the allegations levelled in the application against the respondent and submitted that the applicant is a literate lady and can very well attend the court proceedings at Gurdaspur. TA No. 435 of 2009 (2) Heard learned counsel for the parties and perused the paper-book. It is not disputed by the learned counsel for the respondent that the wife is now residing at Yamuna Nagar with her widow mother. It is very difficult for her to attend the proceedings at Gurdaspur which is more than 250 kilometers from Yamuna Nagar. The issue regarding transfer of matrimonial proceedings almost in similar circumstances came up for consideration before this Court in a number of cases earlier. It has been the consistent view that primarily the convenience of the wife is to be given weightage for ordering transfer of proceedings at or near the place where she is residing. Accordingly, the petition under Section 9 of the Act filed by the husband in the Court of Civil Judge (Senior Division), Gurdaspur titled as “Davinder Singh vs Gurwinder Kaur” is transferred to the Court of Civil Judge (Senior Division), Yamuna Nagar. Parties are directed to appear before the Civil Judge (Senior Division), Yamuna Nagar, on 3.1.2011 for further proceedings entrustment. The application stands disposed of accordingly. 7.12.2010 (Rajesh Bindal) vs Judge