TA No.506 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.506 of 2010 Date of decision : 16.03.2011 Harwinder Kaur ...Applicant Versus Balbir Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ajay Pal Singh, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. Harwinder Kaur, the applicant wife has preferred the present application under Section 24 of the Code of Civil Procedure, seeking transfer of the petition filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Balbir Singh Vs. Harwinder Kaur’, from the Court of learned Additional Civil Judge (Sr. Divn.), Phul, District Bathinda, to the Court of competent jurisdiction at Sangrur. 2. Despite service, nobody has caused appearance on behalf of the respondent. Accordingly, the respondent is proceeded against ex parte. TA No.506 of 2010 2 3. I have heard learned counsel for the applicant. 4. From the perusal of the record, it emerges that the applicant filed petition under Section 125 Cr.P.C. seeking grant of maintenance on 31.07.2010 after she was ousted from the matrimonial home along with two minor children born out of the wedlock. The petitioner under Section 9 of the Act filed by the respondent appears to be a counter- blast to the petition moved by the applicant under Section 125 Cr.P.C. 5. The applicant has not source of income. She is residing at Village Buggar along with her old parents. The distance from her village to Bathinda is stated to be around 150 kms. 6. In matrimonial disputes, the convenience and comfort of the wife is primarily to be seen, particularly in this case when the applicant is residing at the mercy of her parents without any source of income. It would certainly be difficult for the applicant to go to Bathinda along with minor children and defend her case. I feel the balance of convenience in the instant case is in favour of the applicant and against the respondent. 7. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Balbir Singh Vs. Harwinder Kaur’ is withdrawn from the Court of learned Additional Civil Judge (Sr. Divn.), Phul, and is transferred to the Court of competent jurisdiction at Sangrur. The entire record pertaining to the petition under Section 9 of the Act, shall be sent by the trial Court at Phul to the learned District Judge, Sangrur, within three weeks, who will either himself dispose it of or entrust it to any other Court of TA No.506 of 2010 3 competent jurisdiction. 8. The parties shall appear before the Court of learned District Judge, Sangrur, on 19.04.2011. 16.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No