TA No.422 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.422 of 2011 Date of decision : 04.11.2011 Smt. Laxmi ...Applicant Versus Gulab Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Vinay Saini, Advocate for the applicant. None 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 ‘Gulab Singh Vs. Laxmi’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Sonepat, to the Court of competent jurisdiction at Yamunagar. 2. Learned counsel for the applicant contends the petition filed by the applicant under Section 125 Cr.P.C., is pending adjudication before the competent Court at Yamunanagar. 3. Learned counsel for the applicant further contends that the applicant is a resident of Yamunanagar, and the purpose of filing the TA No.422 of 2011 2 petition under Section 9 of the Act is only to harass the applicant. 4. I have heard the learned counsel for the applicant and perused the record. 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, 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.” 6. Smt. Laxmi, the applicant-wife, is residing at Yamunanagar. The respondent-husband filed a petition under Section 9 of the Act, which is pending before learned District Judge, Sonepat. It would certainly be difficult for the wife, living at the mercy of her old mother and brother, saddled with the responsibility of raising two minor children born out of the wedlock, and having no source of income, to attend the court proceedings at Sonepat, which is at a distance of about 200 kms. from the place of her residence. 7. Considering the fact that the applicant is a resident of Yamunagar, 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. 8. In view of the above, the instant transfer application is TA No.422 of 2011 3 allowed and the petition under Section 9 of the Act titled as ‘Gulab Singh Vs. Laxmi’ is withdrawn from the Court of learned District Judge, Sonepat, and is transferred to the Court of competent jurisdiction at Yamunanagar, District Jagadhri. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Sonepat, to the learned District Judge, Yamunanagar at Jagadhri, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Yamunanagar. 9. The parties shall appear before the learned District Judge, Yamunanagar, on 09.12.2011 at 10.00 a.m. 04.11.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No