T.A.No. 434 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No. 434 of 2011 Date of decision 16.9.2011 Mandeep Kaur Applicant versus Kawaljit Singh Respondent CORAM : HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr. Anurag Chopra, Advocate for the applicant Mr.Sandeep Sharma, Advocate for the respondent .... JITENDRA CHAUHAN.J This is an application filed under section 24 of the Code of Civil Procedure for transferring the petition titled “ Kanwaljit Singh v. Mandeep Kaur” under section 9 of the Hindu Marriage Act,1955, (for short the 'Act') from the Court of Civil Judge (Sr.Division), Jalandhar to the courts of competent jurisdiction at Zira, District Ferozepur . Learned counsel for the applicant-wife submits that marriage between the parties was solemnized on 10.12.2006 and a girl child was born on 30.09.2007. The behaviour of the respondent family was not cordial and nice towards the applicant wife from the beginning of the marriage. Some differences arose between the parties and the applicant was forced to stay away from the matrimonial home. She often resided with her parents at Zira. On 2.12.2010, wife was given severe beatings by the husband and his family members after having been ousted from the matrimonial home. She joined her parents at Zira. An FIR was registered against the respondent and his family members. On 4.12.2010, in order to T.A.No. 434 of 2011 2 prove him innocent, the husband filed petition under section 9 of the Act. Since then, she is residing with her parents at Zira alongwith her minor daughter. Learned counsel for the respondent denied the allegations and submitted that the wife left the matrimonial home at her own volition. . I have heard the learned counsel for the parties and perused the file. The applicant is residing at Zira at the mercy of her parents. She has no resources to look after herself and her minor daughter. The distance from Zira to Jalandhar is about 100 kms. and it would certainly be difficult for the applicant-wife to go to Jalandhar to attend the court proceedings with her minor daughter as it will add financial burden on the applicant. It is well settled principle of law that the convenience of the wife has to be kept in view in such like matters as has been held in cases of Sumitra Singh v. Kumar Sanjay and another, AIR 2002 SC 396 and Neelam Kanwar v. Devinder Singh Kanwar,2001(1) M.L.J.509 (SC). The respondent is facing proceedings in the Court at Zira and no prejudice is going to be caused to the respondent-husband by appearing in the Courts there. Therefore, it would be in the interest of justice if petition filed by the respondent-husband under section 9 of the Act is transferred to the courts of competent jurisdiction at Zira, District Ferozepur. In view of the above, the present application is allowed and the petition titled “ Kawaljit Singh v. Mandeep Kaur” filed under section 9 of the Act, is withdrawn from the court of Civil Judge (Sr.Division) Jalandhar and is transferred to the court of competent jurisdiction at Zira. File shall be sent by the trial court at Jalandhar to the District Judge, Ferozepur within T.A.No. 434 of 2011 3 two weeks from the date of receipt of copy of this order, who will entrust the same to any other court of competent jurisdiction at Zira. Parties are directed to appear before the District Judge, Ferozepur on 31.10.2011. (JITENDRA CHAUHAN) JUDGE 16.9.2011 MS