TA No.489 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.489 of 2011 Date of decision : 13.12.2011 Harinder Kaur ...Applicant Versus Jagdeep Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Deepak Aggarwal, Advocate for the applicant. None 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 ‘Jagdeep Singh Vs. Harinder Kaur’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Civil Judge, Sr. Divn., Rupnagar, to the Court of competent jurisdiction at Nabha. TA No.489 of 2011 2 2. Learned counsel for the applicant contends that after having been ousted from the matrimonial home, the applicant is residing at the mercy of her parents at Nabha. She has filed a petition under Section 125 Cr.P.C. which is pending adjudication before the competent Court at Nabha. 3. Learned counsel for the applicant further contends that the applicant is a resident of Nabha, and the purpose of filing the petition under Section 9 of the Act is only to harass the applicant. 4. None has caused appearance on behalf of the respondent. 5. I have heard the learned counsel for the parties and perused the record. 6. 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.” 7. The applicant-wife is residing at Nabha. The respondent- husband filed a petition under Section 9 of the Act, which is pending before learned Civil Judge, Sr. Divn., Rupnagar. It would certainly be difficult for the wife, living at the mercy of her parents, saddled with the responsibility of raising her minor child and having no source of TA No.489 of 2011 3 income, to attend the court proceedings at Ropar. 8. In a petition filed by the husband against the wife, the trial should be held at a place which causes least inconvenience to the wife, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. 9. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Jagdeep Singh Vs. Harinder Kaur’ is withdrawn from the Court of learned Civil Judge, Sr. Divn., Rupnagar, and is transferred to the Court of competent jurisdiction at Nabha. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Rupnagar, to the learned Incharge District Judge, Nabha, within two weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Nabha. 10. The parties, through their counsel, shall appear before the learned Incharge District Judge, Nabha, on 21.01.2012 at 10.00 a.m. 13.12.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No