T.A. No.532 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No.532 of 2011 (O&M) Date of decision: 19.10.2011. Shaveta Mehra nee Sehgal ....Applicant Versus Major Vikas Sehgal ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Veneet Sharma, Advocate for the applicant. Mr.NC Kinra, Advocate for the respondent ***** Jitendra Chauhan, J.(Oral) The present application under Section 24 of the Code of Civil Procedure has been filed by the applicant-wife, seeking transfer of the petition titled as ‘Major Vikas Sehgal vs. Shaveta Mehra nee Sehgal’, 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, Family Court, Ambala to the Court of competent jurisdiction at Amritsar. Learned counsel for the applicant contends that marriage of the applicant was solemnised with the respondent on 6.2.2010. A child was born out of the said wedlock on 3.12.2010. Further contends that the applicant was harassed and thrown out of her matrimonial home. Now she alongwith her child is residing with her parents at Amritsar. She has filed a petition under Section 125 Cr.P.C., which is pending adjudication before the T.A. No.532 of 2011 (O&M) 2 competent Court at Amritsar. She has also filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Further contends the purpose of filing the petition under Section 13 of the Act is only to harass the applicant. The learned counsel for the respondent has vehemently opposed the prayer on the ground that the respondent apprehends threat to his life and liberty at the hands of the applicant and his family members, in case he goes to Amritsar to attend the Court proceedings. I have heard the learned counsel for the parties and perused the record. From the perusal of the case file, it emerges that the applicant alongwith her minor child has been ousted from her matrimonial home and now she is residing at the mercy of her parents at Amritsar. The proceedings are going on in the petition filed by the applicant at Amritsar. The respondent is serving in the Army and presently posted at Jammu. There appears to be no substance in the allegation that the respondent's life and liberty is threatened at the hands of the applicant or her family members. 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, conveniencewise, 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 special reason is shown.” T.A. No.532 of 2011 (O&M) 3 Thus, it would certainly be difficult for the wife, saddled with the responsibility of raising her minor child and having no source of income, to attend the court proceedings at Ambala. Considering the fact that the applicant is presently residing at Amritsar, she has no source of income and primarily, the convenience of the wife in the circumstances cannot be ignored, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife. Accordingly, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, the petition under Section 13 of the Act titled as ‘Major Vikas Sehgal vs. Shaveta Mehra nee Sehgal’ is withdrawn from the Court of learned District Judge, Family Court, Ambala, and is transferred to the Court of competent jurisdiction at Amritsar. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Ambala to the learned District Judge, Amritsar, within three weeks, who will either dispose it of himself or entrust it to any other Court of competent jurisdiction at Amritsar. The parties shall appear before the Court of competent jurisdiction at Amritsar, on 28.11.2011 at 10 AM. 19.10.2011 (JITENDRA CHAUHAN) gsv JUDGE