TA No.542 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.542 of 2010 Date of decision : 08.03.2011 Gurpreet Kaur ...Applicant Versus Gurpreet Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Kuldeep Kaur Ghuman, Advocate for the applicant. Mr. Rahul Rampal, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The prayer in the instant application filed under Section 24 of the Code of Civil Procedure, is for transfer of the petition titled as ‘Gurpreet Singh Vs. Gurpreet Kaur’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955, and another petition filed under Section 25 of the Guardians and Wards Act, titled as ‘Gurpreet Singh Vs. Gurpreet Kaur’, from the Court of learned Civil Judge (Senior Division), Ludhiana, to the Court of competent jurisdiction at Dera Bassi, District Mohali. 2. The learned counsel for the applicant states that the children born out of the wedlock between the parties are residing with TA No.542 of 2010 2 the applicant. She has no resources to go to Ludhiana to defend her case, which is at a distance of about 200 kms. from Mohali. The applicant is residing at Dera Bassi with her parents. 3. The learned counsel for the applicant further contends that the applicant has filed a petition under Section 125 Cr.P.C. claiming maintenance, which is pending adjudication before the Court of learned SDJM, Dera Bassi. 4. The learned counsel for the applicant further contends that the applicant is a resident of Dera Bassi and the respondent-husband has filed the petitions under Section 9 of the Hindu Marriage Act and Section 25 of the Guardians and Wards Act, only with a view to harass the applicant. 5. Learned counsel for the respondent has vehemently opposed the prayer. 6. I have heard the learned counsel for the parties. 7. 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) convenience of wife, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reason not to do so. No special reason is shown.” 8. Gurpreet Kaur, the applicant-wife, is residing at Dera Bassi. TA No.542 of 2010 3 The respondent-husband has filed petitions under Section 9 of the Hindu Marriage Act and Section 25 of the Guardians and Wards Act, which are pending adjudication before the learned Civil Judge (Senior Division), Ludhiana. It would certainly be difficult for the wife, living at the mercy of her parents, having no source of income and saddled with the responsibility of raising her two young children, to attend the court proceedings at Ludhiana. 9. Considering the fact that the applicant is a resident of Dera Bassi, 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. Accordingly, the petitions filed by the respondent titled as ‘Gurpreet Singh Vs. Gurpreet Kaur’ under Section 9 of the Hindu Marriage Act and ‘Gurpreet Singh Vs. Gurpreet Kaur’ under Section 25 of the Guardians and Wards Act, pending in the Court of learned Civil Judge (Senior Division), Ludhiana, deserve to be transferred to Dera Bassi, District Mohali. 10. In view of the above, the instant transfer application is allowed and the petitions under Section 9 of the Hindu Marriage Act titled as ‘Gurpreet Singh Vs. Gurpreet Kaur’ and under Section 25 of the Guardians and Wards Act titled as ‘Gurpreet Singh Vs. Gurpreet Kaur’, are withdrawn from the Court of learned Civil Judge (Senior Division), Ludhiana, and are transferred to the Court of competent jurisdiction at Dera Bassi. The entire record pertaining to the petitions under Section 9 of the Hindu Marriage Act and under Section 25 of the Guardians and Wards Act shall be sent by the trial Court at Ludhiana to TA No.542 of 2010 4 the learned Incharge District Judge, Mohali, within three weeks, who will entrust them to the Court(s) of competent jurisdiction at Dera Bassi. 11. The parties shall appear before the Court of competent jurisdiction at Dera Bassi, on 02.04.2011. 08.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No