TA No.332 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.332 of 2011 (O&M) Date of decision : 13.07.2011 Satwinder Kaur ...Applicant Versus Baldev Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. D.S. Randhawa, Advocate, for the applicant. Mr. Paramjit Singh Sullar, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) C.M. No.16515-CII of 2011 Allowed as prayed for. C.M. No.16514-CII of 2011 The application is allowed subject to all just exceptions and copy of FIR is taken on record as Annexure P-2. Main case 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 ‘Baldev Singh Vs. Satwinder Kaur’, filed by the respondent under Section 13 of the Hindu Marriage Act, TA No.332 of 2011 (O&M) 2 1955, (for short `the Act') from the Court of learned Additional District Judge, Ambala, to the Court of competent jurisdiction at Patiala. 2. Learned counsel for the applicant contends that the applicant has been residing with her parents along with the minor daughter, after having been ousted from the matrimonial home. Learned counsel for the applicant further contends that the applicant is a resident of Patiala and the purpose of filing the petition under Section 13 of the Act is only to harass the applicant. 3. The learned counsel for the respondent has vehemently opposed the prayer. 4. I have heard the learned counsel for the applicant 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. Satwinder Kaur, the applicant-wife, is residing at Patiala. The respondent-husband filed a petition under Section 13 of the Act, which is pending before learned Additional District Judge, Ambala. It would certainly be difficult for the wife, living at the mercy TA No.332 of 2011 (O&M) 3 of her parents, saddled with the responsibility of raising her minor daughter, without any source of income, to attend the court proceedings at Ambala. 7. Considering the fact that the applicant is a resident of Patiala, and primarily, the convenience of the wife is to be seen, therefore, 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 13 of the Act titled as ‘Baldev Singh Vs. Satwinder Kaur’ is withdrawn from the Court of learned Additional District Judge, Ambala, and is transferred to the Court of competent jurisdiction at Patiala. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Ambala, to the learned District Judge, Patiala, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Patiala. 9. The parties shall appear before the Court of competent jurisdiction at Patiala, on 12.08.2011. 13.07.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No