TA No.372 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.372 of 2011 Date of decision : 22.11.2011 Sandeep Kaur ...Applicant Versus Om Narayan Rall ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Karan Bhardwaj, Advocate, for the applicant. Mr. K.S. Dhanora, Advocate, for the respondent. 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 ‘Om Narayan Rall Vs. Sandeep Kaur’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional District Judge, Nawanshehar, to the Court of competent jurisdiction at Gurdaspur. 2. Learned counsel for the applicant contends that after having been ousted from the matrimonial house in March 2011, the applicant is residing Sujanpur, Tehsil Pathankot, District Gurdaspur. The TA No.372 of 2011 2 petition under Section 125 Cr.P.C. filed by the applicant is pending adjudication before the competent Court at Pathankot, Distt. Gurdaspur. 3. The learned counsel for the respondent has vehemently opposed the prayer. Reply has been filed in the Court and the same is taken on record. 4. I have heard the learned counsel for the respondent and perused the record. 5. Hon'ble the Supreme Court in Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC), has observed as under:- “…we are mindful of the fact that the petitioner is a lady and first respondent is a male, and, therefore, convenience- wise, a transfer to the place where the lady is residing, would be preferred by this Court unless it is shown that there are special reasons not to do so. No such special reason is shown.” 6. Smt. Sandeep Kaur, the applicant-wife, is residing at Pathankot, Distt. Gurdaspur. The respondent-husband filed a petition under Section 13 of the Act, which is pending before learned Additional District Judge, Nawanshahr. It would certainly be difficult for the wife, living at the mercy of her parents and having no source of income, to attend the court proceedings at Nawanshahr, which is at a distance of about 200 kms. from the place of her residence. 7. Considering the fact that the applicant is a resident of TA No.372 of 2011 3 Pathankot, District Gurdaspur, and in a petition filed by the husband against her wife, primarily the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. 8. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Om Narayan Rall Vs. Sandeep Kaur’ is withdrawn from the Court of learned Additional District Judge, Nawanshahr, and is transferred to the Court of competent jurisdiction at District Gurdaspur. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Nawanshahr, to the learned District Judge, Gurdaspur, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Pathankot or Gurdaspur. 9. The parties shall appear before the learned District Judge, Gurdaspur, on 17.12.2011. 22.11.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No