TA No.551 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.551 of 2010 Date of decision : 23.03.2011 Kawaljit Kaur …Applicant Versus Baljit Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ranjit Sharma, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been filed under Section 24 of the Code of Civil Procedure, seeking transfer of the petition under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Baljit Singh Vs. Kawaljit Kaur’, filed by the respondent from the Court of learned Additional District Judge, Amritsar, to the Court of competent jurisdiction at Ludhiana. 2. As per the averments made by the applicant, she was ousted from her matrimonial home while she was pregnant. Thereafter, she has been residing with her parents at Ludhiana where she delivered her baby. The father of the applicant is an old person and there is not male member to accompany her to Amritsar. Even otherwise, the additional person, if asked to accompany, would entail additional expenses upon TA No.551 of 2010 2 the applicant, who herself is at the mercy of her parents. In the circumstances, it would certainly be difficult for the applicant-wife to go to Amritsar to defend her case there. 3. As per the report, the respondent was served by way of affixation as he was avoiding service, therefore, proceeded against ex parte. 4. In view of the settled law, the convenience of the wife is to be seen. In the instant case, the balance of convenience is in favour of the applicant-wife and against the respondent. Accordingly, the petition filed by the respondent titled as ‘Baljit Singh Vs. Kawaljit Kaur’ under Section 13 of the Act, pending in the Court of learned Additional District Judge, Amritsar, deserves to be transferred to Ludhiana. 5. Accordingly, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Baljit Singh Vs. Kawaljit Kaur’ is withdrawn from the Court of learned Additional District Judge, Amritsar, and is transferred to the Court of competent jurisdiction at Ludhiana. The entire record pertaining to the petition under Section 13 of the Act, shall be sent by the trial Court at Amritsar to the learned District Judge, Ludhiana, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 6. The parties shall appear before the Court of learned District Judge, Ludhiana, on 23.04.2011. 23.03.2011 (JITENDRA CHAUHAN) TA No.551 of 2010 3 atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No