TA No.566 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.566 of 2011 (O&M) Date of decision : 18.11.2011 Mamta Arora ...Applicant Versus Vikash Arora ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Anurag Jain, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred by the applicant- wife, under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ‘Vikash Arora versus Smt. Mamta Arora’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional Sessions Judge, Narnaul, to the Court of competent jurisdiction at Hisar. 2. Learned counsel for the applicant contends that after having been ousted from the matrimonial home, she is residing along with her parents at Hisar. He further contends that in order to harass the TA No.566 of 2011 (O&M) 2 applicant, the respondent has preferred the petition under Section 13 of the Act at Narnaul. 3. None has caused appearance on behalf of the respondent despite service. Accordingly, the respondent is proceeded against ex parte. 4. I have heard the learned counsel for the applicant and perused the record. 5. 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, convenience- wise, 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 such special reason is shown.” 6. Smt. Mamta Arora, the applicant-wife, is residing at Hisar. The respondent-husband filed a petition under Section 13 of the Act, which is pending before learned Additional District Judge, Narnaul. It would certainly be difficult for the wife, living at the mercy of her parents, saddled with the responsibility of raising her minor son and having no source of income, to attend the court proceedings at Narnaul, which is at a distance of about 200 kms. from the place of her residence. There is no male member in the family to pursue her case at TA No.566 of 2011 (O&M) 3 Narnaul. Petition under Section 125 Cr.P.C. filed by the petitioner against the respondent is pending at Hisar and is fixed for 7.12.2011. 7. Considering the fact that the applicant is a resident of Hisar and in a petition filed by the husband against the wife, primarily the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. 8. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Vikash Arora versus Mamta Arora’ is withdrawn from the Court of learned Additional District Judge, Narnaul, and is transferred to the Court of competent jurisdiction at Hisar. The entire record pertaining to the petition under Section 13 of the Act, shall be sent by the trial Court at Narnaul to the learned District Judge, Hisar, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Hisar. 9. The parties shall appear before the learned District Judge, Hisar, on 17.12.2011 at 10.00 a.m. 18.11.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No