TA NO.499 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH TA NO.499 of 2011 Date of decision:20.10.2011 Varinder Kaur ...Applicant Versus Ravinder Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.D.S.Bhinder, Advocate for the applicant. Respondent proceeded ex-parte. -.- JITENDRA CHAUHAN, J. The applicant-wife has filed the present application for transfer of the petition under Section 10 of the Hindu Marriage Act, 1955 (for short `the Act') filed by the respondent/husband from the court of learned Additional District Judge, SAS Nagar, Mohali to the court of competent jurisdiction at Patiala. I have heard the learned counsel for the applicant. From the perusal of the case file, it emerges that the applicant is a resident of Patiala and after being ousted from her matrimonial has been residing with her parents alongwith her child. There are averments of continuous beatings and harassment of the applicant by the respondent. She has no source of income. It is further made out that two cases, i.e. a criminal case under Sections 498A, 406 IPC and the other under Sections 12 of the Protection of Women from Domestic Violence Act, 2005, filed by the TA NO.499 of 2011 2 applicant against the respondent are prior in time. It is well settled principle of law that convenience of the wife is to be seen in such like matters as has been held in cases of Sumitra Singh Vs. Kumar Sanjay and another, AIR 2002 SC 396, Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC) and Mangla Patil Kale Vs.Sanjeev Kumar, (2003) 10 SCC 280. In the circumstances, there would be a considerable inconvenience to the wife to visit on each date of hearing at SAS Nagar to defend her case effectively. In a dispute between the husband and the wife, normally the wife is at a receiving end. The balance of convenience is in favour of the applicant/wife and against the respondent/husband. Considering the facts that the applicant alongwith her minor child is residing at the mercy of her old parents at Patiala; two cases are already pending against the respondent there and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 10 of the Act titled as ‘Ravinder Singh Vs. Varinder Kaur' is withdrawn from the Court of learned Additional District Judge, SAS Nagar and is transferred to the court of competent jurisdiction at Patiala. The complete record pertaining to the suit in question shall be sent by the trial Court at SAS Nagar Mohali to the learned District Judge, Patiala within two weeks from the date of receipt of a copy of this order. The learned District Judge, Patiala will either dispose it of himself or entrust it to any Court of competent jurisdiction. TA NO.499 of 2011 3 The parties shall appear before the Court of District Judge, Patiala, on 26.11.2011. 20.10.2011 (JITENDRA CHAUHAN) mk JUDGE