T.A.No. 277 of 2011 - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.277 of 2011 Date of decision: 3.6.2011 Mandeep Kaur ...Applicant vs Mohinder Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.Rahul Vats,Advocate for the applicant. Mr.R.S.Chahal, Advocate for the respondent. ........ JITENDRA CHAUHAN.J (Oral) The present application under Section 24 of the Code of Civil Procedure has been filed by the applicant seeking the transfer of case titled “Mohinder Singh vs Mandeep Kaur” under section 13 of the Hindu Marriage Act, 1955 (for short the “Act”) pending adjudication before the Additional District Judge, Sirsa to any other court of competent jurisdiction at Fatehabad. Learned counsel for the applicant submits that the applicant was subjected to maltreatment and there is constant dowry demand i.e. cash and vehicle. She was forced to leave the matrimonial home. He further submits that the applicant is looking after her 1-3/4 years old son and is residing with her parents at Fatehabad. He states that there is threat to the life of the applicant and she has no male member in the family to accompany the applicant to the courts at Sirsa. The respondent is already attending the court proceedings under section 125 Cr.P.C. at Fatehabad. On the other hand, learned counsel for the respondent T.A.No. 277 of 2011 - 2- controverted the submissions made by the learned counsel for the applicant. I have heard the learned counsel for the parties and perused the record. The applicant is residing at Fatehabad and is maintaining her 1-3/4 years old son. She has no source of income and is at the mercy of her parents. It is difficult for the applicant to go to Sirsa to attend the courts proceedings in the absence of any male member, particulary when there is threat to her life. The respondent is already facing trial in the court at Fatehabad. It is well settled law that the convenience of the wife is to be seen in such like cases as has been held in Sumitra Singh v. Kumar Sanjay and another, AIR 2002 SC 396; Neelam Kanwar v. Devinder Singh Kanwar, 2001(1) MLJ 509 (SC). In view of the above, the instant application is allowed. The petition filed under section 13 of the Act titled “Mohinder Singh v. Mandeep Kaur” pending in the court of Additional District Judge, Sirsa is transferred to the court of competent jurisdiction at Fatehabad. The District Judge, Sirsa is directed to send the case file to the District Judge,Fatehabad within a period of two weeks, who would dispose it of himself or entrust the same to the court of competent jurisdiction at Fatehabad.. The parties are directed to appear before the District Judge, Fatehabad on 21.7.2011. 3.6.2011 (JITENDRA CHAUHAN) ms JUDGE Note: Whether to be referred to the Reporter? Yes / No T.A.No. 277 of 2011 - 3-