TA No.388 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.388 of 2011 Date of decision : 19.08.2011 Nisha ...Applicant Versus Jasbir Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Sharmila Sharma, Advocate for the applicant. Mr. Sunil Kumar Sharma, 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 ‘Jasbir Singh Vs. Nisha’, filed by the respondent under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, SAS Nagar (Mohali) to the Court of competent jurisdiction at Karnal. 2. The learned counsel for the applicant states that the applicant was ousted from the matrimonial home along with her young child on 14.10.2010. It is further contended that the applicant is at the TA No.388 of 2011 2 mercy of her widowed mother as the brothers are residing separately and she has no means to sustain herself and to maintain the child. It is further contended that the applicant filed petition under Section 125 Cr.P.C. before the competent Court at Karnal, in which the respondent is already appearing. 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. The applicant is presently residing at Karnal, at the mercy of her widowed mother and saddled with the responsibility of a young child born out of the wedlock between the parties. Moreover, in the petition pertaining to matrimonial dispute filed by the husband, the convenience of the wife cannot be ignored. 7. In view of the above, the instant transfer application is allowed and the petition under Section 13(1)(ia) of the Act titled as TA No.388 of 2011 3 ‘Jasbir Singh Vs. Nisha’ is withdrawn from the Court of learned District Judge, SAS Nagar (Mohali), and is transferred to the Court of competent jurisdiction at Karnal. The entire record pertaining to the petition under Section 13(1)(ia) of the Act shall be sent by the trial Court at SAS Nagar (Mohali) to the learned District Judge, Karnal, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Karnal. 8. The parties shall appear before the learned District Judge, Karnal, on 17.09.2011. 19.08.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No