T.A. No. 310 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 310 of 2010 (O&M) Date of Decision: 8.9.2010. Pinki ....Applicant Versus Vicky ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Anant Kataria, Advocate for the applicant. Mr. Harpreet Singh Brar, Advocate for the respondent. RAJESH BINDAL J Prayer in the present application is for transfer of suit, titled as Vicky Vs. Pinki, for declaring the marriage between the parties as nullity, filed by the respondent-husband, from the Court of Civil Judge (Jr. Division), Jalalabad (West), District Ferozepur to the Court of competent jurisdiction at Faridkot. Learned counsel for the applicant submitted that marriage of the applicant was solemnised with the respondent according to Hindu rites at Faridkot on 21.11.2007. No child was born out of the wedlock. The applicant was turned out of matrimonial home. The respondent filed two petitions under Section 12 (1) (b)(c) and under Section 9 of the Hindu Marriage Act, 1955 at Faridkot. The applicant filed an application under Section 125 Cr.P.C. at Faridkot. The respondent with a malafide intention filed a suit praying that the marriage between the parties be declared as illegal at Jalalabad (West), District Ferozepur. The applicant also got registered a case under section 498-A/ 506 IPC at Faridkot. The submission is that it is difficult for the applicant to attend the hearings of the suit filed by the respondent-husband at Jalalabad (West) District Ferozepur, being a poor lady, who is living at the mercy of her parents with no source of income. No one is there in the family to accompany her to attend hearings of the case at Jalalabad (West), District Ferozepur. The applicant is not even being paid any maintenance. It is the convenience of the wife which is to be seen. Considering the aforesaid facts, the suit filed by the T.A. No. 310 of 2010 2 husband at Jalalabad (West), District Ferozepur be transferred to the Court of competent Jurisdiction at Faridkot. On the other hand learned counsel for the respondent opposed the prayer made by learned counsel for the applicant. Heard learned counsel for the partes and perused the record. In the present case, the applicant-wife is residing at Faridkot. Two cases filed by the respondent and one filed by the applicant are pending at Faridkot. It would certainly be difficult and in-convenient for the wife living at the mercy of her parents, to attend hearing of the suit at Jalalabad (West), District Ferozepur. Considering the fact that it is the convenience of the wife which is the paramount consideration, in my opinion, the suit filed by the respondent which is pending in the Court of Civil Judge (Jr. Division), Jalalabad (West), District Ferozepur titled as Vicky Vs. Pinki, deserves to be transferred to the Civil Judge (Sr. Division), Faridkot. Ordered accordingly. Parties are directed to appear before Civil Judge (Sr. Division), Faridkot on 1.10.2010 for further proceedings. The Civil Judge (Sr. Division), Faridkot will entrust the case in hand to the Court, where any other litigation between the parties is pending. The application stands disposed of accordingly. (RAJESH BINDAL) 8.9.2010. JUDGE Reema