TA No.451 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.451 of 2011 (O&M) Date of decision : 02.12.2011 Shashi ...Applicant Versus Amit Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Susheel Gautam, Advocate for the applicant. Mr. Sandeep Gehlawat, 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 ‘Amit Kumar versus Shashi’, 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, Chandigarh, to the Court of competent jurisdiction at Panipat. 2. Learned counsel for the applicant contends that after having been ousted from the matrimonial home in October 2009, the applicant TA No.451 of 2011 (O&M) 2 along with her son, is residing at her parental home at Panipat,. Criminal proceedings under Sections 498-A, 323, 406, 506, 34 IPC, are also pending against the respondent before the learned Illaqua Magistrate, Panipat. 3. The sole purpose of filing the petition under Section 13 of the Act is to harass the applicant and her parents. 4. The learned counsel for the respondent has vehemently opposed the prayer. 5. I have heard the learned counsel for the parties 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, convenience- wise, a transfer to the place where the lady is residing, would be preferred by this Court unless it is shown that there are special reasons not to do so. No such special reason is shown.” 7. The applicant-wife along with her minor son is residing at Panipat. The respondent-husband has filed the petition under Section 13 of the Act, which is pending before learned Additional District Judge, Chandigarh. It would certainly be difficult for the wife, living at the mercy of her parents, saddled with the responsibility of raising TA No.451 of 2011 (O&M) 3 her minor son and having no source of income, to attend the court proceedings at Chandigarh, which is at a distance of about 180 kms. from the place of her residence. 8. In a petition instituted by the husband, the trial should be conducted at a place which is least inconvenient to the wife. The convenience of the wife cannot be ignored. 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 13 of the Act titled as ‘Amit Kumar Vs. Shashi’ is withdrawn from the Court of learned Additional 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 at Panipat. 10. The parties, through their counsel, shall appear before the learned District Judge, Panipat, on 23.12.2011 at 10.00 a.m. 02.12.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No