TA No.582 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.582 of 2010 Date of decision : 31.03.2011 Sunita Saini ...Applicant Versus Ramesh Saini ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Parminder Singh, Advocate for the applicant. Mr. Dinesh Arora, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The prayer in the present application filed under Section 24 of the Code of Civil Procedure, is for transfer of the petition titled as ‘Sunita Saini Vs. Ramesh Saini’, filed by the applicant under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional District Judge, Karnal, to the Court of competent jurisdiction at Kaithal. TA No.582 of 2010 2 2. Learned counsel for the applicant submits that the applicant was ousted by the respondent from her matrimonial home and on account of the atrocities meted out at the hands of the respondent, she filed the petition under Section 13 of the Act while she was residing at Karnal in a rented accommodation. 3. Learned counsel for the applicant further contends that at present, the applicant is serving as a teacher in Government School, Siwan, Distt. Kaithal, and residing at Kaithal along with three minor children who are also going to school at Kaithal. Two petitions, viz., petition under Section 125 Cr.P.C. and petition under the Protection of Women from Domestic Violence Act, 2005, are pending adjudication at Kaithal. 4. On the other hand, the learned counsel for the respondent opposes the prayer on the ground that the distance is very short between the two places. The wife is well educated and can easily travel to Karnal. 5. I have heard the learned counsel for the parties. 6. The applicant-wife being a teacher in the Government School, is a circumstance in favour of the applicant which cannot be ignored. Her repeated absence from school would adversely affect the studies of the young children whom she is teaching at the school. The wife has also to look after three young children and she being a teacher, can provide a much better and congenial atmosphere for the growth and development of the children which is in the interest of both the parties. TA No.582 of 2010 3 Otherwise also, the convenience of the wife is primarily to be seen in the matrimonial cases. However, she would not press for further transfer of the proceedings. 7. Accordingly, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Sunita Saini Vs. Ramesh Saini’ is withdrawn from the Court of learned Additional District Judge, Karnal and is transferred to the Court of competent jurisdiction at Kaithal. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Karnal to learned District Judge, Kaithal, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 8. The parties shall appear before the Court of learned District Judge, Kaithal, on 30.04.2011. 31.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No