TA No.368 of 2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.368 of 2011 Date of decision :29.07.2011 Gagan Deepika alias Deepa ...Applicant Versus Naresh Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.Tribhawan Singla, 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 ‘Naresh Kumar Vs. Gagan Deepika’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional Civil Judge Senior Division, Jagraon, to the Court of competent jurisdiction at Barnala. 2. Learned counsel for the applicant contends that the applicant has filed a petition under Section 125 Cr.P.C. which is pending adjudication before the Court of learned Chief Judicial Magistrate, Barnala. TA No.368 of 2011(O&M) 2 3. Learned counsel for the applicant further contends that the applicant is a resident of Barnala, and the purpose of filing the petition under Section 9 of the Act is only to harass the applicant. 4. None has caused appearance on behalf of the respondent despite service. Accordingly, the respondent is proceeded against ex parte. 5. I have heard the learned counsel for the applicant and perused the record. 6. 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.” 7. Mrs. Gagan Deepika alias Deepa, the applicant-wife, is residing at Barnala. The respondent-husband filed a petition under Section 9 of the Act, which is pending before learned Additional Civil Judge Senior Division, Jagraon. 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 Jagraon. 8. Considering the fact that the applicant is a resident of Barnala and primarily, the convenience of the wife is to be seen, TA No.368 of 2011(O&M) 3 therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. 9. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Naresh Kumar Vs. Gagan Deepika’ is withdrawn from the Court of learned Additional Civil Judge Senior Division Jagraon, and is transferred to the Court of competent jurisdiction at Barnala. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Jagraon to the learned Additional District Judge, Barnala, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Barnala. 10. The parties shall appear before the Court of competent jurisdiction at Barnala, on 27.08.2011. 29.07 .2011 (JITENDRA CHAUHAN) tarunsahni JUDGE Note : Whether to be referred to Reporter ? Yes / No