TA No.402 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.402 of 2011 Date of decision : 18.08.2011 Paramjeet Kaur ...Applicant Versus Sukhdev Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Parminder Singh, 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 ‘Sukhdev Singh Vs. Paramjeet Kaur’, filed by the Respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional District Judge, Yamuna Nagar, to the Court of competent jurisdiction at Karnal. 2. The learned counsel contends that this Court allowed Transfer Application No.411 of 2009 on 19.7.2010, and transferred the case filed by the respondent under Section 9 of the Act. Immediately after the transfer order was passed, the respondent withdrew the petition and has filed the present petition under Section 13 of the Act at TA No.402 of 2011 2 Yamuna Nagar (at Jagadhri). 3. Despite service, nobody has caused appearance on behalf of the respondent. Hence, the respondent is proceeded against ex parte. 4. I have heard the learned counsel for the applicant and perused the record. 5. After having been ousted from the matrimonial home, the applicant has been staying with her parents and maintaining two children born out of the wedlock. In a petition filed by the husband, the convenience of the wife has to be seen. Moreover, the respondent earlier imposed litigation upon the applicant by filing and subsequently withdrawing the petition under Section 9 of the Act. 6. Keeping in view the fact that the applicant is presently residing at Karnal and saddled with the responsibility of raising two minor children, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Sukhdev Singh Vs. Paramjeet Kaur’ is withdrawn from the Court of learned Additional District Judge, Yamuna Nagar, and is transferred to the Court of competent jurisdiction at Karnal. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Yamuna Nagar 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. 7. The parties shall appear before the learned District Judge, Karnal, on 17.09.2011. TA No.402 of 2011 3 18.08.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No