TA No. 589 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 589 of 2011 Date of decision: 16.12.2011 Kanta Rani @ Riya ..Applicant Versus Sunil Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. A.S. Gill, Advocate for the applicant. Respondent exparte. 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 No. 123 of 2011 of the Hindu Marriage Act titled as ‘Sunil Kumar Vs. Kanta Rani’, filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Jalandhar to the Court of competent jurisdiction at Sirsa. 2. The respondent has been served through counsel, but none has appeared on his behalf. Accordingly, he is proceeded against exparte. 3. As per learned counsel for the applicant, the applicant is suffering from HIV. The applicant-wife filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against her husband-respondent on 28.4.2011. She has also filed a criminal complaint No. 108/1 of 2010 titled as "Kanta alias TA No. 589 of 2011 2 Riya Vs. Sunil Kumar and Others" in the Court of Smt. Payal Mittal, Judicial Magistrate Sirsa, on 26.4.2010. One daughter is also residing with the applicant wife. 4. I have heard the learned counsel for the applicant-wife. 5. Keeping in view the facts that the applicant wife is residing at the mercy of her parents, saddled with the responsibility of up-bringing her daughter, and already two cases are pending at Sirsa, the balance of convenience tilts in favour of the applicant-wife. Moveover, in matrimonial cases, the convenience of the wife is to be seen The respondent has also not appeared to rebut the allegations of the applicant-wife. 6. Accordingly, this transfer application is allowed and petition No. 123 of 2011, under Section 13 of the Hindu Marriage Act, titled as "Sunil Kumar Vs. Kanta Rani" is withdrawn from the Court of District Judge, Jalandhar and is transferred to the Court of District Judge, Sirsa, who will either dispose it of himself or entrust it to any other Court of Competent jurisdiction for disposal according to law. . 7. The parties through their counsel shall appear before the Court of competent jurisdiction at Sirsa on 21.02.2012 at 10.00 AM. December 16, 2011 (JITENDRA CHAUHAN) Poonam (II) JUDGE