T.A. No.545 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.545 of 2010 Date of decision : 23.02.2011 Harpreet Kaur ...Applicant Versus Harcharanjit Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Lakhwinder Singh Mann, Advocate, for the applicant. Mr. Ashok Kumar Khunger, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The applicant, Harpreet Kaur, has filed the present application under Section 24 of the Code of Civil Procedure, for transfer of petition titled as ‘Harcharanjit Singh Vs. Harpreet Kaur', filed by the respondent under Section 9 of the Hindu Marriage Act (for short `the Act'), from the Court of learned Additional Civil Judge (Senior Division), Fazilka, to the Court of competent jurisdiction at Nakodar, District Jalandhar on the ground that two cases i.e. one petition under Section 125 Cr.P.C. and another case FIR bearing No.226 dated T.A. No.545 of 2010 -2- 21.09.2010, under Sections 406 and 498-A IPC registered with Police Station Nakodar are pending adjudication before the learned Court at Nakodar. 2. Learned counsel for the respondent has stated that the wife had left the matrimonial home about 8 months back. The husband is maintaining two children aged about 4 years and 1 ½ years. The husband is employed with DAV School, Jalalabad, which is at a distance of 50 Kms. The elder son is going to school at Fazilka. Though in the dispute of this nature, primarily the convenience of the wife is to be seen, however, in the instant case, the two minor children are with the respondent-husband. There is nothing on record to suggest that the petitioner-wife ever made any effort to secure the custody of the children. It will be difficult for the respondent-husband to move frequently to Nakodar leaving behind young children. In the instant case, the balance of convenience is in favour of the respondent-husband and against the petitioner-wife. 3. In these circumstances, the present application is dismissed. 4. The respondent-husband shall pay the traveling expenses of ` 500/- to the applicant-wife on each effective date of hearing at Fazilka. 23.02.2011 (JITENDRA CHAUHAN) Gagan JUDGE Note :Whether to be referred to Reporter ? Yes / No