TA No. 569 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 569 of 2011 Date of decision: 21.11.2011 Heena @ Uma ....Applicant Versus Rajiv Kumar @ Gagandeep Gandhi ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Gaurav Sethi, Advocate for the applicant. Respondent ex-parte ***** Jitendra Chauhan, J.(Oral) The present application has been filed by the applicant-wife, seeking transfer of the petition titled as 'Rajiv Kumar @ Gagandeep Gandhi versus Heena', from the court of learned Additional Civil Judge (Senior Division), Khanna to the Court of competent jurisdiction at Ambala. I have heard learned counsel for the applicant and perused the case file. The perusal of the file reveals that the applicant, after having been ousted from her matrimonial home, is presently residing with her old widowed mother. She is maintaining the child, born out of the wedlock. There are averments of continuous beatings, harassment and demand of dowry by the respondent. A complaint under Sections 406/498-A/323, 506, TA No. 569 of 2011 2 34 of the Indian Penal Code and a petition under Section 125 of the Code of Criminal Procedure filed by the applicant are pending at Ambala. The petition filed by the respondent-husband under Section 9 of the Act at Khanna, appears to have been filed with a view to harass and humiliate the applicant. Considering the facts that the applicant is presently residing at Ambala; it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising the minor son, to attend the court proceedings at Khanna, and primarily, the convenience of the wife is to be seen, therefore, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 9 of the Act titled as ‘Rajiv Kumar @ Gagandeep Gandhi vs. Heena' is withdrawn from the Court of learned Additional Civil Judge (Senior Division), Khanna, and is transferred to the court of competent jurisdiction at Ambala. The complete record pertaining to the case in question shall be sent by the trial Court at Khanna, to the learned District Judge, Ambala, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Ambala will either dispose it of himself or entrust it to any Court of competent jurisdiction. The parties shall appear before the Court of District Judge, Ambala, on 17.12.2011 at 10 AM. 21.11.2011 (JITENDRA CHAUHAN) gsv JUDGE