T.A.No.20 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.20 of 2011 Date of decision 25.2.2011 Mandeep Kaur ...Applicant versus Gurbax Singh ...Respondent Present: Mr.G.C.Shahpuri, Advocate for the applicant None for the respondent .... CORAM : HON'BLE MR.JUSTICE JITENDRA CHAUHAN JITENDRA CHAUHAN.J (ORAL) This is an application filed under section 24 of the Code of Civil Procedure for transferring the petition titled “Gurbax Singh vs. Mandeep Kaur” under section 9 of the Hindu Marriage Act,1955 (for short the 'Act') for the grant of a decree of Restitution of Conjugal Rights from the Court of Additional Civil Judge, Sr.Division,Rajpura (exercising the powers of District Judge,Patiala) to the court of competent jurisdiction at Yamunanagar at Jagadhari. I have heard the learned counsel for the applicant and perused the record. The applicant is residing in Village Aurangabad, District Yamunanagar with her old aged mother and brothers. It would be difficult for the wife to travel alone to Rajpura as the distance is about 90 kms. It would add financial burden on her. The applicant has no source of income and is at the mercy of her brothers. It is well settled principle of law that the convenience of the wife has to be kept in view in such like matters as has T.A.No.20 of 2011 2 been held in cases of Sumitra Singh v. Kumar Sanjay and another, AIR 2002 SC 396 and Neelam Kanwar v. Devinder Singh Kanwar,2001(1) M.L.J.509 (SC). The respondent is already facing proceedings under section 406,498-A IPC at Jagadhari. No prejudice would be caused to the respondent-husband by appearing in the Courts at Jagadhari. He is earning handsomely. Therefore, it would be in the interest of justice if petition filed by the respondent-husband under section 9 of the Act is transferred to the court of competent jurisdiction at Yamunanagar at Jagadhari,. In view of the above, the present application is allowed and the petition titled “Gurbax Singh v. Mandeep Kaur” under section 9 of the Act is withdrawn from the court of Additional Civil Judge, Sr.Division,Rajpura and is transferred to the court of competent jurisdiction at Yamunanagar, at Jagadhari. File shall be sent by the trial court at Rajpura to the District Judge,Yamunanagar at Jagadhari within two weeks from the date of receipt of copy of this order, who will either dispose it of or entrust the same to any other court of competent jurisdiction at Yamunanagar at Jagadhari. Parties are directed to appear before the District Judge, Yamunanagar at Jagadhari on 28.3.2011 at 11.a.m. (JITENDRA CHAUHAN) JUDGE 25.2.2011 MS Note:Whether to be referred to the Reporter? Yes/No.