TA No.546 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.546 of 2010 Date of decision : 08.03.2011 Paramjit Kaur ...Applicant Versus Rajpritpal Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Bikramjit Arora, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. The prayer in the present application filed under Section 24 of the Code of Civil Procedure, is for transfer of the petition titled as ‘Rajpritpal Singh Vs. Paramjit Kaur’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of the learned Additional District Judge, Gurdaspur, to the Court of competent jurisdiction at Tarn Taran. 2. The learned counsel for the applicant contends that the petition filed by the applicant under Section 125 Cr.P.C. claiming maintenance was allowed and the execution proceedings are pending before the learned JMIC, Tarn Taran. Another application under Section 127 Cr.P.C. is also pending in the same Court. TA No.546 of 2010 2 3. The learned counsel for the applicant further contends that the applicant is a resident of Tarn Taran and the purpose of filing the petition under Section 13 of the Act is only to harass the applicant. 4. Nobody has caused appearance despite service, accordingly, the respondent is proceeded against ex parte. 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, (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.” 7. Paramjit Kaur, the applicant-wife, is residing at Tarn Taran. The respondent-husband filed a petition under Section 13 of the Act, which is pending before learned Additional District Judge, Gurdaspur. 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 Gurdaspur. 8. Considering the fact that the applicant is a resident of Tarn Taran and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the TA No.546 of 2010 3 applicant-wife and against the respondent. Accordingly, the petition filed by the respondent titled as ‘Rajpritpal Singh Vs. Paramjit Kaur’ under Section 13 of the Act, pending in the Court of learned Additional District Judge, Gurdaspur, deserves to be transferred to Tarn Taran. 9. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Rajpritpal Singh Vs. Paramjit Kaur’ is withdrawn from the Court of learned Additional District Judge, Gurdaspur, and is transferred to the Court of competent jurisdiction at Tarn Taran. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Gurdaspur to the learned Additional District Judge, Tarn Taran, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 10. The parties shall appear before the Court of learned District Judge, Tarn Taran on 11.04.2011. 08.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No