TA No.521 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.521 of 2010 Date of decision : 14.03.2011 Asha Rani ...Applicant Versus Satish Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Vivek Goel, Advocate, for the applicant. Mr. Raman Mohinder, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The applicant-wife, Asha Rani, has sought transfer of petition under Section 9 of the Hindu Marriage Act, 1955 (for short, ‘the Act’), titled as Satish Kumar Vs. Asha Rani, filed by the respondent-husband at Abohar to the Court of competent jurisdiction at Faridkot. 2. The transfer is sought on the ground that the applicant has been turned out of the matrimonial home. She is residing at Faridkot with her old parents and 18 years’ old daughter. The husband is already appearing in the proceedings filed by the applicant under Section 125 Cr.P.C. at Faridkot. 3. On the other hand, the learned counsel for the respondent TA No.521 of 2010 2 states that the applicant herself left the matrimonial home. The husband is a labourer and doing the work of painting of houses. 4. I have heard the learned counsel for the parties and perused the record. 5. The applicant is presently residing at Faridkot which is at a distance of about 120 kms. from Abohar. There is no other male member in the family to accompany her to Abohar. Therefore, it would certainly be difficult for the wife and her young daughter to travel to Abohar which is at a distance of about 120 kms. from Faridkot. Given the age of the mother and her young daughter and particularly the fact that the respondent is already appearing at Faridkot in the proceedings under Section 125 Cr.P.C., I feel that the balance of convenience is in favour of the applicant-wife and against the respondent. 6. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Satish Kumar Vs. Asha Rani’ is withdrawn from the Court of learned Civil Judge (Junior Division), Abohar, and is transferred to the Court of competent jurisdiction at Faridkot. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Abohar to the learned District Judge, Faridkot, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 7. The parties shall appear before the Court of learned District Judge, Faridkot, on 11.04.2011. 14.03.2011 (JITENDRA CHAUHAN) TA No.521 of 2010 3 atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No