IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.466 of 2011 Date of decision: 20.10.2011 Anamika ....Applicant Versus Parveen Kumar ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Gaurav Singla, Advocate for the applicant. Respondent ex-parte ***** Jitendra Chauhan, J.(Oral) The present application under Section 24 of the Code of Civil Procedure has been filed by the applicant-wife seeking transfer the petition titled as 'Parveen Kumar vs. Anamika' filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 from the court of learned District Judge, Family Court, Hisar to any other competent court of jurisdiction at Sirsa. Heard and perused the case file. From the perusal of the case file, it is made out that the applicant, after having been turned out from her matrimonial home, is presently residing at the mercy of her parents at Kalanwali, District Sirsa. There are averments of torture and humiliation of the applicant by the respondent and his family. The applicant has filed a complaint in the Women Cell at Sirsa. As a counter- blast, the respondent-husband filed the petition in question at Hisar. The applicant has no source of income. The TA No.466 of 2011 -2- father of the applicant is a blind person. There is no male member in the family to accompany the applicant at Hisar, which is at a distance of about 100 Kms. It is well settled principle of law that convenience of the wife is to be seen in such like matters as has been held by the Hon'ble Supreme Court in the cases of Sumitra Singh vs. Kumar Sanjay and another, AIR 2002 SC 396, Neelam Kumar vs. Devinder Singh Kanwar, 2001(1) MLJ 509 and Mangla Patil Kale vs. Sanjeev Kumar (2003) 10 SCC 280. Considering the facts that the applicant is residing at the mercy of her old parents at Kalanwali, District Sirsa, she has no source of income and primarily the convenience of the wife is to be seen, therefore, in my opinion, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition titled as ‘Parveen Kumar vs. Anamika' is withdrawn from the Court of learned District Judge, Family Court, Hisar, and is transferred to the court of competent jurisdiction at Sirsa. The complete record pertaining to said case shall be sent by the trial Court at Hisar, to the learned District Judge, Sirsa, within two weeks from the date of receipt of a copy of this judgment. The learned District Judge, Sirsa will either dispose it of himself or entrust it to any Court of competent jurisdiction at Sirsa. The parties shall appear before the Court of District Judge, Sirsa, on 28.11.2011 at 10 AM. 20.10.2011 (JITENDRA CHAUHAN) gsv JUDGE