TA No. 362 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 362 of 2011(O&M) Date of decision: 05.12.2011 Gurpinder Kaur ..Applicant Versus Manga Singh ...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 ‘Manga Singh Vs. Gurpinder Kaur’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional District Judge, Bathinda, to any Competent Court at Mansa. 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 is pending adjudication before the Court of Chief Judicial Magistrate, Mansa. It has been averred in the application that she is a resident of Village Jawahar Ke, , Tehsil and District Mansa and the purpose of filing the petition 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:- TA No. 362 of 2011 (O&M) 2 “…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. Gurpinder Kaur, the applicant-wife, is residing at Village Jawahar Ke, Tehsil and District Mansa. The respondent-husband filed a petition under Section 13 of Hindu Marriage Act, which is pending before learned Additional District Judge, Bathinda It would certainly be difficult for the wife, living at the mercy of her parents and having no source of income, to attend the court proceedings at Bathinda, which is at a distance of about 70 kms., from the place of her residence. 6. Considering the fact that the applicant is a resident of Village Jawahar Ke, Tehsil and District Mansa 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 ‘Manga Singh Vs. Gurpinder Kaur’, is withdrawn from the Court of learned Additional District Judge, Bathinda, and is transferred to the Court of competent jurisdiction at Mansa. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at TA No. 362 of 2011 (O&M) 3 Bathinda to the learned District Judge, Mansa, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Mansa. 8. The parties shall appear before the learned District Judge, Mansa 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