TA No.596 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.596 of 2011 Date of decision: 23.12.2011 Rajni ....Applicant Versus Varinder Kumar ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Ms.Sweta Batra, Advocate for the applicant. Mr.CM Munjal, Advocate for the respondent Parties in person ***** 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 ‘Varinder Kumar Vs. Rajni’, 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 Sirsa. 2. I have heard the learned counsel for the parties and perused the case file. 3. From the perusal of the case file, it emerges that the applicant, after having been ousted from her matrimonial home, is presently residing with her parents at Sirsa. There are averments of apprehension of threat to TA No.596 of 2011 2 her life and liberty, in case she goes to Ferozepur. The applicant has made averment regarding continuous beatings and harassment by the respondent. She has no source of income and there is no one in the family to accompany her to the Court at Ferozepur, which is at distance of 250 Kms. from her residence. She has no brother and her father is a labourer. The husband is running a readymade garment shop. 4. Considering the facts that the applicant is presently residing at Sirsa; it would certainly be difficult for the wife, having no source of income, to attend the court proceedings at Ferozepur and primarily, the convenience of the wife is to be seen, therefore, the present application deserves to be allowed. 5. In view of the above, the instant transfer application is allowed, petition under Section 13 of the Act titled as ‘Varinder Kumar Versus Rajni' is withdrawn from the Court of learned Additional District Judge, Ferozepur and is transferred to the court of competent jurisdiction at Sirsa. The complete record pertaining to the case in question shall be sent by the trial Court at Ferozepur, to the learned District Judge, Sirsa, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Sirsa will either dispose it of himself or entrust it to any Court of competent jurisdiction. 6. The parties shall appear before the Court of District Judge, Sirsa, on 28.1.2012 at 10 AM. 23.12.2011 (JITENDRA CHAUHAN) gsv JUDGE