TA No.63 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.63 of 2011 Date of decision : 08.03.2011 Smt. Kamlesh ...Applicant Versus Karambir ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: None. JITENDRA CHAUHAN, J. (Oral) 1. The prayer in the instant application filed under Section 24 of the Code of Civil Procedure, is for transfer of the petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Chandigarh, to the Court of competent jurisdiction at Panipat. 2. As per the office report, previous and fresh notices issued to the respondent have been received back unserved with the report that no such person is residing at the given address. 3. From the perusal of the record, it is made out that the applicant has filed a criminal case against the respondent which is pending at Panipat. The applicant is residing with her parents and does not have any resources to appear and contest her case at Chandigarh, TA No.63 of 2011 2 which is at a distance of about 180 kms. from Panipat. 4. 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.” 5. Smt. Kamlesh, the applicant-wife, is residing at Panipat. The respondent-husband has filed the petition under Section 13 of the Act, which is pending before the learned District Judge, Chandigarh. It would certainly be difficult for the wife, living at the mercy of her parents and having no source of income, to attend the court proceedings at Chandigarh. The learned counsel for the respondent has not referred to any special circumstance for not allowing the prayer of the applicant. The criminal case filed by the applicant is prior in time to the petition under Section 13 of the Act filed by the respondent. 6. In view of the above and considering the fact that primarily, the convenience of the wife is to be seen, I feel that the balance of convenience is in favour of the applicant-wife and against the respondent. Accordingly, the petition filed by the respondent titled under Section 13 of the Act, pending in the Court of learned District Judge, Chandigarh, deserves to be transferred to Panipat. TA No.63 of 2011 3 7. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act is withdrawn from the Court of learned District Judge, Chandigarh, and is transferred to the Court of competent jurisdiction at Panipat. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Chandigarh to the learned District Judge, Panipat, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 8. The parties shall appear before the Court of learned District Judge, on 11.04.2011. 08.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No