T.A.No. 421 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT - CHANDIGARH T.A.No. 421 of 2010 Date of decision 30.5.2011 Sweety Applicant vs. Anuj Garg Respondent CORAM : HON’BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr. Arun Bansal,Advocate for the applicant Mr.Aman Bansal,Advocate for the respondent …. JITENDRA CHAUHAN.J (ORAL) This application has been filed under section 24 of the Code of Civil Procedure seeking transfer of the petitions filed by husband-respondent (Anuj Garg ), under section 13 of the Hindu Marriage Act,1955 (for short the Act), pending adjudication in the Court of Additional District Judge,Panchkula to the courts of competent jurisdiction at Jind. Learned counsel for the applicant-wife submits that the marriage between the parties was solemnized on 7.12.2009 and the behaviour of the respondent and his family members was rude towards the applicant. He further submits that the applicant wife was compelled to leave the matrimonial home on 9.5.2010. Since then she is residing with her parents at Narwana. He states that the brother of the applicant is handicapped and there being no male member in her family, in order to harass the applicant, the respondent-husband has filed the petition under Section 13 of the Act at Panchkula. On the other hand, learned counsel for the respondent controverted the T.A.No. 421 of 2010 2 submissions of the learned counsel for the applicant and submitted that the applicant-wife herself left the matrimonial home. I have heard the learned counsel for the parties and perused the file. It emerges from the record that the applicant-wife is presently residing at Narwana with her old parents and her only brother is handicapped. The distance from Jind to Panchkula is approximately 150 kms and it is not possible for the applicant wife to come alone to Panchkula to attend the court proceedings. It is well settled principle of law that 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, 2000(43) AIR 129. Therefore, it would be in the interest of justice to transfer the petition filed under section 13 of the Act to a court of competent jurisdiction at Jind. Accordingly, it is ordered that the petition titled “Anuj Garg v. Sweety' under section 13 of the Act pending in the court of Additional District Judge,Panchkula is withdrawn and is transferred to the Courts of competent jurisdiction at Jind. The file shall be sent by the trial Court to the court of District Judge, Jind within two weeks from the date of receipt of copy of this order, who will either himself dispose of the same or entrust the same to any other court of competent jurisdiction at Jind. Accordingly, this application is allowed. Parties are directed to appear before the District Judge, Jind on 18.7.2011. 30.5.2011 (JITENDRA CHAUHAN) MS JUDGE