TA No.395 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.395 of 2011 Date of decision : 01.09.2011 Sarabjit Kaur ...Applicant Versus Mangal Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. G.S. Sandhu, Advocate for the applicant. Mr. ADS Ghuman, Advocate, for the respondent. 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 ‘Mangal Singh Vs. Sarabjit Kaur’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Civil Judge, Jr. Divn., Gurdaspur, to the Court of competent jurisdiction at Giddarbaha, Distt. Mukatsar. 2. Learned counsel for the applicant contends that the petition filed by the applicant under Section 13 of the Act was allowed vide ex parte order date 21.07.2008. Now, the respondent has filed a petition TA No.395 of 2011 2 under Section 9 of the Act at Gurdaspur, only with a view to harass the applicant. It is further contended that the respondent forcibly took away the minor son from the applicant and the applicant has filed a petition under the Hindu Minority and Guardianship Act, 1956, which is pending before the Court at Giddarbaha. The distance between the two stations is stated to be around 350 kms. 3. The learned counsel for the respondent has vehemently opposed the prayer. 4. I have heard the learned counsel for the parties 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, for convenience of wife, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reason not to do so. No special reason is shown.” 6. Smt. Sarabjit Kaur, the applicant-wife, is residing at Gidderbaha, Distt. Mukatsar. The respondent-husband filed a petition under Section 9 of the Act, after a lapse of about 2 ½ years of the passing of decree of divorce against him, which is pending before learned Civil Judge, Jr. Divn., Gurdaspur. 7. Keeping in view the conduct of the respondent and TA No.395 of 2011 3 considering the fact that primarily, the convenience of the wife is to be seen, 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 9 of the Act titled as ‘Mangal Singh Vs. Sarabjit Kaur’ is withdrawn from the Court of learned Civil Judge, Jr. Divn., Gurdaspur, and is transferred to the Court of competent jurisdiction at Gidderbaha, Distt. Mukatsar. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Gurdarpur, to the learned District Judge, Mukatsar, within three weeks, who will entrust it to the Court of competent jurisdiction at Gidderbaha. 9. The parties shall appear before the Court of competent jurisdiction at Gidderbaha, on 01.10.2011. 01.09.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No