T.A. No.532 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.532 of 2010 Date of decision : 25.02.2011 Kulwant Kaur ...Applicant Versus Sandeep Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Balbir Singh Jaswal, Advocate, for the applicant. Mr. Hitesh Kaplish, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. This is an application under Section 24 of the Code of Civil Procedure, for transfer of petition titled as ‘Sandeep Singh Vs. Kulwant Kaur', filed by the respondent under Section 13 of the Hindu Marriage Act (for short `the Act'), from the Court of learned Additional District Judge, Kapurthala, to the Court of competent jurisdiction at Hoshiarpur. 2. Learned counsel for the applicant contends that the two children born out of the wedlock have been residing with the applicant- T.A. No.532 of 2010 -2- wife whereas respondent-husband is a Teacher in the Government School. 3. On the other hand, learned counsel for the respondent submits that the distance between Kapurthala and Hoshiarpur is about 80 Kms. and it would not be difficult for the applicant to go to Kapurthala. 4. I have heard the learned counsel for the parties. 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. Admittedly, the applicant is resident of Hoshiarpur. She is residing at the mercy of her parents and having two minor daughters. The respondent is in govt. service, is an additional circumstance in favour of the applicant-wife. In these circumstances, it would certainly be difficult for the wife to defend her case effectively at Kapurthala, which is at a distance of more than 80 Kms. The convenience of the wife is to be seen who has no source of income and is residing at the mercy of her parents without any help of any other family member. Therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. Accordingly, the petition T.A. No.532 of 2010 -3- titled as ‘Sandeep Singh Vs. Kulwant Kaur', filed by the respondent under Section 13 of the Hindu Marriage Act, pending in the Court of learned Additional District Judge, Kapurthala, deserves to be transferred to Hoshiarpur. 7. In view of the above, the instant transfer application is allowed and the petition titled as ‘Sandeep Singh Vs. Kulwant Kaur', filed by the respondent under Section 13 of the Hindu Marriage Act, is withdrawn from the Court of learned Additional District Judge, Kapurthala, and is transferred to the Court of competent jurisdiction at Hoshiarpur. The record of the case unde Section 13 of the Hindu Marriage Act shall be sent by the trial Court at Kapurthala to the learned District Judge, Hoshiarpur, within three weeks, who will either himself dispose it of or entrust it to any Court of competent jurisdiction. 8. The parties shall appear before the Court of learned District Judge, Hoshiarpur at 11 A.M. on 28.03.2011. 25.02.2011 (JITENDRA CHAUHAN) Gagan JUDGE Note :Whether to be referred to Reporter ? Yes / No