TA No.392 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.392 of 2010 Date of decision:25.7.2011 Smt.Mamta Sharma ...Applicant Versus Avinash Sharma ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.S.S.Siao, Advocate for Mr.A.K.Kalsy, Advocate, for the applicant. None for the respondent. -.- JITENDRA CHUAHAN, J. Through the present application, the wife-applicant seeks transfer of petition titled as `Avinash Sharma Vs. Mamta Sharma' filed by the respondent/husband under Section 9 of the Hindu Marriage Act, 1955, (for short `the Act') from the court of Civil Judge (Senior Division), Ambala to the Court of competent jurisdiction at Ludhiana. I have heard the learned counsel for the applicant. From the perusal of case file, it emerges that the applicant, after being ousted from the matrimonial home, has been residing at the mercy of her parents at Ludhiana. There is no male member in the family to accompany the applicant to attend the court proceedings initiated by the husband-respondent at Ambala. The applicant has no source of income and also belongs to a poor family. TA No.392 of 2010 2 In the circumstances, there would be a considerable inconvenience to the applicant/wife to attend the court proceedings at Ambala. In such like cases, normally, the wife is at the receiving end. The balance of convenience is in favour of the applicant and against the respondent. Considering the facts that the applicant has no source of income; she has been residing at the mercy of her old parents and primarily convenience of the wife is to be seen, thus, in my view, the present application deserves to be allowed. In view of the above, the present application is allowed. The petition in question titled as `Avinash Sharma Vs.Mamta Sharma' is ordered to be withdrawn from the court of Civil Judge (Senior Division), Ambala and is transferred to the court of competent jurisdiction at Ludhiana. The complete record pertaining to petition in question shall be sent by the trial Court, Ambala to the learned District Judge, Ludhiana, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Ludhiana, will either dispose it of himself or entrust it to any court of competent jurisdiction. The parties shall appear before the Court of District Judge, Ludhiana, on 24.8.2011. 25.7.2011 (JITENDRA CHAUHAN) MKS JUDGE