TA No.428 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.428 of 2011 (O&M) Date of decision : 14.09.2011 Kulwinder Kaur ...Applicant Versus Sukhdarshan Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. G.S. Saini, 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 ‘Sukhdarshan Singh Vs. Kulwinder 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, Shri Muktsar Sahib, to the Court of competent jurisdiction at Ferozepur. 2. Despite service, none has appeared on behalf of the respondent. Accordingly, the respondent is proceeded against ex parte. TA No.428 of 2011 2 3. 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 competent Court at Jalalabad (West), District Ferozepur. The learned counsel further contends that criminal proceedings under Section 406, 498-A IPC against the respondent are also pending at Jalalabad (West), Distt. Ferozepur. 4. Learned counsel for the applicant further contends that the respondent had earlier filed a petition under Section 9 of the Act at Shri Muktsar Sahib. The applicant approached this Court by way of Transfer Application No.12 of 2011, seeking transfer of the petition under Section 9 of the Act, from Shri Muktsar Sahib to Jalalabad (West), District Ferozepur, which was allowed vide order dated 03.03.2011. Subsequently, this petition has been dismissed in default by the learned Civil Judge, Sr. Divn., Jalalabad (West). It is averred that the filing of the present petition under Section 13 of the Act at Shri Muktsar Sahib, is nothing else but abuse of the process of law, only with a view to harass the applicant. 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, convenience- wise, a transfer to the place where the lady is residing, TA No.428 of 2011 3 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. Smt. Kulwinder Kaur, the applicant-wife, is residing at Distt. Ferozepur. The respondent-husband has filed a petition under Section 13 of the Act, which is pending before learned Additional District Judge, Shri Muktsar Sahib. It would certainly be difficult for the wife, living at the mercy of her parents, saddled with the responsibility of raising her minor daughter and having no source of income, to attend the court proceedings at Shri Muktsar Sahib. 8. Considering the fact that the applicant is a resident of Ferozepur 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. Moreover, the apparent conduct of the respondent initially filing petition under Section 9 of the Act and subsequently, getting it dismissed in default, does not warrant any leniency of the Court towards him. 9. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Sukhdarshan Singh Vs. Kulwinder Kaur’ is withdrawn from the Court of learned Additional District Judge, Shri Muktsar Sahib, and is transferred to the Court of competent jurisdiction at Ferozepur. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Shri Muktsar Sahib, to the learned District Judge, Ferozepur, within three weeks, who will either himself dispose it TA No.428 of 2011 4 of or entrust it to any other Court of competent jurisdiction at Ferozepur. 10. The parties shall appear before the Court of competent jurisdiction at Ferozepur, on 15.10.2011 at 10.00 AM. 14.09.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No