CM No. 23438 CII of 2011 in/and TA No. 381 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 23438 CII of 2011 in/and TA No. 381 of 2011 (O&M) Date of decision: 28.9.2011 Bindu Sharma ...Applicant Versus Anup Kumar Sharma ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Pankaj Katia, Advocate for the applicant. Ms.Puja Chopra, Advocate for the respondent *** JITENDRA CHAUHAN, J.(Oral) CM No. 23438-CII of 2011 Application for placing on record reply on behalf of the respondent is allowed as prayed for. CM No. 11713-CII of 2011 Application is allowed as prayed for. TA No. 381 of 2011 The present application has been preferred by the applicant-wife, under Section 24 of the Code of Civil Procedure, seeking transfer of the petition titled as ‘Anup Kumar Sharma vs. Bindu Sharma’, filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955, (for short `the Act') from the Court of learned District Judge, Ferozepur, to the Court of competent CM No. 23438 CII of 2011 in/and TA No. 381 of 2011 (O&M) 2 jurisdiction at Bathinda. Learned counsel for the applicant contends that the marriage of the applicant and the respondent was solemnized at Bathida. A male child was born out of the said wedlock. After some time, the applicant alongwith her minor son was thrown out from her matrimonial home. Further contends that presently the applicant alongwith her son is residing with her old parents at Bathinda. There is no one in the family to accompany the applicant to pursue her case at Ferozepur as the father of the applicant is working as a peon and her mother is bed ridden. Further contends that the respondent earlier filed a petition under Section 9 of the Act, which was subsequently withdrawn. Lastly, it is submitted that the respondent filed the said litigation only with a view to harass and humiliate the applicant and there is apprehension of threat to her life and liberty at the hands of the respondent in case she goes to Ferozepur to attend the court proceedings. Per contra, learned counsel for the respondent contends that applicant-wife left the matrimonial home without any rhyme and reason. Further contends that the respondent made efforts to settle the dispute through the intervention and deliberations of the brotherhood panchayat. After having been unsuccessful, he filed the petition under Section 13 of the Act for dissolution of marriage. I have heard learned counsel for the parties and perused CM No. 23438 CII of 2011 in/and TA No. 381 of 2011 (O&M) 3 the case file. Hon'ble the Supreme Court in Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC), has observed as under:- “We are mindful of the fact that the petitioner is a lady and first respondent is a male, and, therefore, for conveniencewise, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reasons not to do so. No special reason is shown.” The applicant alongwith her minor son is presently residing at the mercy of her old parents at Bathinda, after having been ousted from her matrimonial home. There are averments of beatings and harassing. In a petition filed under Section 13 of the Act, the convenience of wife cannot be ignored. It would certainly be difficult for the wife, having no source of income; apprehending threat to her life and saddled with the responsibility of raising her minor son, to attend the court proceedings at Ferozepur, which is at a distance of 100 Kms. Keeping in view the above, the present application is allowed and the petition under Section 13 of the Act titled as ‘Anup Kumar Sharma Vs. Bindu Sharma’ is withdrawn from the Court of CM No. 23438 CII of 2011 in/and TA No. 381 of 2011 (O&M) 4 learned District Judge, Ferozepur and is transferred to the Court of competent jurisdiction at Bathinda. The entire record pertaining to the petition under Section 13 of the Act, shall be sent by the trial Court at Ferozepur, to the learned District Judge, Bathinda, within three weeks, who will either dispose it of himself or entrust it to any other Court of competent jurisdiction at Bathinda. The parties through their counsels shall appear before the learned District Judge, Bathinda , on 29.10.2011 at 10 AM. 28.09.2011 (JITENDRA CHAUHAN) gsv JUDGE