IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA NO.85 of 2011 Date of decision: 29.9.2011 Gagandeep Kaur ....Applicant Versus Raj Chawla ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Vivek Goel, Advocate for the applicant. Mr.KB Raheja, Advocate for the respondent ***** Jitendra Chauhan, J.(Oral) 1. The present application has been preferred by the applicant- wife, under Section 24 of the Code of Civil Procedure, seeking transfer of the petition titled as ‘Raj Chawla Vs. Gagandeep Kaur’, filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional District Judge, Ferozepur, to the Court of competent jurisdiction at Faridkot. 2. I have heard the learned counsel for the parties and perused the record. 3. 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, for conveniencewise, a transfer to the place where the TA NO.85 of 2011 -2- lady is residing, would be preferred by this Court unless, it is shown that there are special reasons not to do so. No special reason is shown.” 4. The applicant-wife, is presently residing with her parents at Faridkot after having been turned out of her matrimonial home. It would certainly be difficult for the wife, who is living at the mercy of her parents, having no source of income, to attend the court proceedings at Ferozepur. 5. Considering the fact that the applicant is a resident of Faridkot 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. 6. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Raj Chawla Vs. Gagandeep Kaur’ is withdrawn from the Court of learned Additional District Judge, Ferozepur, and is transferred to the Court of competent jurisdiction at Faridkot. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Ferozepur, to the learned District Judge, Faridkot, within three weeks, who will either dispose it of himself or entrust it to any other Court of competent jurisdiction at Faridkot. 7. The parties through their respective counsel shall appear before the learned District Judge, Faridkot, on 29.10.2011 at 10 AM. 29.09.2011 (JITENDRA CHAUHAN) gsv JUDGE