TA No.294 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.294 of 2010 Date of decision:28.2.2011 Deepika ...Applicant Versus Kapil Kumar ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Jagdish Manchanda, for the applicant. Ms. D.K.Bhatti, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) The case file is not traceable as the same appears to have been burnt in the fire incident. Learned counsel for the applicant has placed on record copy of the paper-book alongwith original documents. The same is treated as original. If the original file is traced at a later stage, the same shall be added to it. This is a transfer petition by the wife. She seeks the transfer of matrimonial proceedings filed by the husband at Jalandhar to Kurukshetra, where she is now residing. It is her case that two cases against the respondent are already pending at Kurukshetra. It is further case of the applicant that the petition in question has been filed only with a view to harass and humiliate the applicant. I have heard the learned counsel for the parties. TA No.294 of 2010 2 From the perusal of the record, it emerge that the applicant is a resident of Kurukshetra and is living with her parents. Two cases one under Sections 498-A, 406, 313, 120-B IPC and another under the provisions of the Protection of Women from Domestic Violence Act are pending at Kurukshetra. It is well settled principle of law that convenience of the wife is to be seen in such like matters as has been held in cases of Sumitra Singh Vs. Kumar Sanjay and another, AIR 2002 SC 396, Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC) and Mangla Patil Kale Vs.Sanjeev Kumar, (2003) 10 SCC 280. Considering the facts that the two cases filed by the applicant are pending at Kurukshetra and keeping in view the distance between Kurukshetra to Jalandhar, in my opinion, the present application deserves to be allowed. In view of the above, the application is allowed. The petition filed by the respondent titled Kapil Kumar Vs. Deepika under Section 9 of the Act is withdrawn from the court of learned Civil Judge (SD), Jalandhar and is transferred to the court of competent jurisdiction at Kurukshetra. File shall be sent by the trial Court at Jalandhar to the learned District Judge, Kurukshetra, within two weeks from the date of receipt of a certified copy of this order. The learned District Judge, Kurukshetra, will either himself dispose it of or entrust it to any other court of competent jurisdiction. Parties are directed to appear before the District Judge, Kurukshetra, on 28.3.2011. 28.2.2011 (JITENDRA CHAUHAN) mk JUDGE Note: Whether to be referred to the Reporter? Yes / No