TA No.148 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.148 of 2011 Date of decision :5.4.2011 Sanjana Arora ...Applicant Versus Tarun Arora ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.Ramesh Sharma, Advocate, for the applicant. Mr.Parminder Singh, Advocate, for the respondent. **** JITENDRA CHAUHAN, J. The applicant-wife seeks transfer of the petition under Section 13 (1) of the Hindu Marriage Act, 1955 (for short `the Act') from the trial Court at Karnal to the court of competent jurisdiction at Ludhiana. I have heard the learned counsel for the parties. From the perusal of case file, it emerge that the applicant is a resident of Ludhiana and is living with her parents alongwith her child after being ousted from her matrimonial home. Two petitions filed by the applicant under Section 125 Cr. P. C. and under Section 6 read with Section 12 of the Protection of Women from Domestic Violence Act, 2005 against TA No.148 of 2011 2 the respondent are prior in time. It is also made out that the respondent is appearing in both the cases at Ludhiana. It would be difficult for the applicant to move from Ludhiana alongwith her minor daughter. Considering the facts that the applicant along with her minor daughter, is residing at Ludhiana; the petitions filed by the applicant are prior in time; the respondent is already attending the court proceedings at Ludhiana and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is on the side of the wife, the applicant. Accordingly, the petition filed by the respondent titled as ‘Tarun Arora Vs. Smt. Sanjana Arora' under Section 13 of the Act, pending in the Court of learned District Judge, Karnal deserves to be transferred to Ludhiana. In view of the above, the instant transfer application is allowed, petition under Section 13 of the Act titled as ‘Tarun Arora Vs. Smt. Sanjana Arora' is withdrawn from the Court of learned District Judge, Karnal, and is transferred to the court of competent jurisdiction at Ludhiana. File of the petition shall be sent by the trial Court at Karnal to learned District Judge, Ludhiana, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Ludhiana will either dispose it of himself or entrust it to any Court of competent jurisdiction. The parties shall appear before the Court of District Judge, Ludhiana on 5.5.2011. 5.4.2011 (JITENDRA CHAUHAN) mk JUDGE