TA No. 461 of 2009 (1) In the High Court of Punjab & Haryana at Chandigarh TA No. 461 of 2009 (O&M) Date of decision : 08.12.2010 Rekha Rani ... Applicant vs Manish .... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. R. K. Lamba, Advocate, for the applicant. Mr. Rajbir Sehrawat, Advocate, for the respondent. Rajesh Bindal J. Prayer in the application is for transfer of divorce petition under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”) filed by the husband at Rohtak to Faridabad. Learned counsel for the applicant submitted that the marriage of the parties was solemnised on 22.2.2008 at Ballabgarh as per Hindu rites. Out of the wedlock, one female child was born, who is now residing with the mother. The applicant is residing with her widow mother at Faridabad. She has three sisters and one brother who is studying in 3rd class. The applicant is the eldest of all. The petition under Section 13 of the Act has been filed by the husband at Rohtak only to harass the applicant wife. The distance from Rohtak to Faridabad is more than 125 kilometers. It is submitted that there is no one in the family to accompany her to attend the court proceedings at Rohtak. It was submitted that petition filed by her under Section 12 of the Protection of Women from Domestic Violence Act, is pending at Faridabad. The husband is attending the court in that case at Faridabad and it will not be difficult for him to attend these proceedings at Faridabad. On the other hand, learned counsel for the respondent denied the allegations levelled in the application against the respondent. He stated that even he also lost his father. He has a widow mother and a sister. It is difficult for him to travel from Rohtak to Faridabad. Heard learned counsel for the parties and perused the paper-book. It is not disputed by the learned counsel for the respondent that the wife is now residing at Faridabad with her widow mother and minor daughter. It is very difficult for her to attend the proceedings at Rohtak which is more than 125 kilometers from Faridabad. TA No. 461 of 2009 (2) In the cases for transfer in matrimonial proceedings it has been the consistent view that primarily the convenience of the wife is to be given weightage for ordering transfer of proceedings at or near the place where she is residing. In the present case the husband is already attending proceedings initiated by the wife at Faridabad. Accordingly, the petition under Section 13 of the Act filed by the husband in the Court of District Judge, Rohtak, is transferred to the Family Court, Faridabad. Parties are directed to appear before the Family Court, Faridabad, on 6.1.2011 for further proceedings. The application stands disposed of accordingly. 8.12.2010 (Rajesh Bindal) vs Judge