TA No. 491 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 491 of 2011 Date of decision: 23.9.2011. Mandip Kaur ...Applicant Versus Ravinder Pal Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.HS Batth, Advocate for the applicant. None for the respondent. *** JITENDRA CHAUHAN, J.(Oral) This is an application filed by the applicant/wife, for transfer of the petition titled as `Ravinder Pal Singh vs. Mandip Kaur', filed by the respondent/husband under Section 9 of the Hindu Marriage Act, 1955, (for short `the Act') from the court of learned Additional Civil Judge (Sr.Division), Batala to the court of competent jurisdiction at Tarn Taran. Learned counsel for the applicant has produced photocopy of the summons. The same is taken on record. As per the report made thereon, the respondent-husband went abroad after filing the petition under Section 9 of the Act. I have heard the learned counsel for the applicant. From the perusal of the case file, it emerges that the applicant alongwith her minor child is residing at the mercy of her parents at Village Chhabri, District Tarn Taran, after being ousted from her matrimonial TA No. 491 of 2011 2 home. There are averments of continuous beatings and harassment of the applicant by the family of the respondent. The applicant has also filed a petition under Section 125 of the Code of Criminal Procedure, which is still pending at Tarn Taran. It would certainly be difficult for the wife, having no resource and saddled with the responsibility of raising her minor girl child, to attend the court proceedings at Batala on each and every date. In a dispute between the husband and the wife, usually the wife is at a receiving end. Moreover, the conduct of the respondent itself speaks that he is not interested in seeking any relief in the petition filed under Section 9 of the Act by him. Considering the facts that the applicant after having been ousted from her matrimonial home, is residing at the mercy of her parents at village Chhabri, District Tarn Taran; she has no source of income and primarily the convenience of the wife in the circumstances cannot be ignored, therefore, in my opinion, the balance of convenience is in favour of the wife-applicant. Accordingly, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 9 of the Act titled as ‘Ravinder Pal Singh Versus Mandip Kaur' is withdrawn from the Court of learned Additional Civil Judge (Sr.Division), Batala and is transferred to the court of competent jurisdiction at Tarn Taran. The complete record pertaining to case in question shall be sent by the trial Court at Batala, to the learned Additional District Judge, Tarn Taran, within two weeks from the date of receipt of a copy of this Order. The learned Additional District Judge, TA No. 491 of 2011 3 Tarn Taran will either dispose it of himself or entrust it to any Court of competent jurisdiction. The parties shall appear before the Court of Additional District Judge, Tarn Taran, on 29.10.2011. 23.09.2011 (JITENDRA CHAUHAN) gsv JUDGE