T.A.No. 329 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No. 329 of 2011 Date of decision: 21.7.2011 Krishna Applicant v Rajpal Singh Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Monika Goyal,Advocate for the applicant ....... JITENDRA CHAUHAN.J As per the office report, respondent is served through his sister Manpreet Kaur. Therefore, he is treated to be served. Learned counsel for the applicant submits that the FIR lodged by the applicant is still pending. She has filed another petition under section 125 Cr.P.C. at Ludhiana. Thereafter, the respondent has filed a petition under section 9 of the Hindu Marriage Act,1955, (for short the Act) at Faridkot, to pressurize the applicant not to persue the petition filed by her. From the averments made in the application, it is made out that the FIR and the petition under section 125 Cr.P.C. filed by the applicant, are prior in time. She was ousted from the matrimonial home and has been presently residing at the mercy of her parents. There is no male member in the family to accompany the applicant to the court at Faridkot to defend her case. Her father is a heart patient and is more than 85 years of age. Keeping in view the facts that the FIR and the petition under section 125 Cr.P.C. are prior in time to the petition filed by the respondent- T.A.No. 329 of 2011 2 husband under section 9 of the Act, and that in the matrimonial cases, generally the wife is the victim, and her convenience cannot be ignored. It is well settled principle of law that the convenience of the wife has to be kept in view in such like matters as has been held in cases of Sumitra Singh v. Kumar Sanjay and another, AIR 2002 SC 396 and Neelam Kanwar v. Devinder Singh Kanwar,2001(1) M.L.J.509 (SC). Accordingly, the present application is allowed. The petition filed by the husband under section 9 of the Act, titled “Rajpal Singh v. Krishna”pending in the court of the District Judge, Faridakot is withdrawn and is transferred to the court of competent jurisdiction at Ludhiana. File shall be sent by the trial court at Faridkot to the District Judge,Ludhiana, within two weeks from the date of receipt of copy of this order, who will either dispose it of or entrust the same to any other court of competent jurisdiction at Ludhiana. Parties are directed to appear before the District Judge, Ludhiana on 20.8.2011. (JITENDRA CHAUHAN) JUDGE 21.7.2011 ms