T.A. No. 547 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 547 of 2011 Date of decision: 05.12.2011 Rekha ..Applicant Versus Pawan Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Suresh Ahlawat, Advocate for the applicant. Mr. Anil Kumar Kansal, 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 ‘Pawan Kumar Vs. Rekha’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Jind, to the Court of competent jurisdiction at Rohtak. 2. Learned counsel for the applicant contends that after having been ousted from the matrimonial home on 10.08.2011, the applicant is residing at her matrimonial home. The father of the applicant is 65 years of age and the mother has already expired as such. There is no male member in the family to accompany her to Jind to pursue the matter. 3. Learned counsel for the applicant further contends that the T.A. No. 547 of 2011 2 applicant is a resident of Village Meham, District Rohtak and the purpose of filing the petition under Section 13 of the Act is only to harass the applicant. 4. Learned counsel for the respondent opposed the prayer of the appplicant and prayed for dismissal of the application.None has caused appearance on behalf of the respondent. 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. Rekha, the applicant-wife, is residing at Village Meham, District Rohtak. The respondent-husband filed a petition under Section 13 of the Hindu Marriage Act, which is pending before learned District Judge, Jind It would certainly be difficult for the wife, living at the mercy of her parents and having no source of income, to attend the court proceedings at Jind , which is at a distance of about 50 kms. from the place of her residence. 8. Considering the fact that the applicant is a resident of Village Maham, District Rohtak and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in T.A. No. 547 of 2011 3 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 ‘Pawan Kumar Vs. Rekha’ is withdrawn from the Court of learned District Judge, Jind, and is transferred to the Court of competent jurisdiction at Rohtak. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Jind to the learned District Judge, Rohtak, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Rohtak. 10. The parties shall appear before the learned District Judge, Rohtak on 23.12.2011 at 10.00 AM. December 05, 2011 (JITENDRA CHAUHAN) Poonam (II) JUDGE Note : Whether to be referred to Reporter ? Yes / No