TA No.450 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.450 of 2011 Date of decision : 08.09.2011 Neeraj ...Applicant Versus Vishnu ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Vivek Khatri, Advocate for the applicant. Mr. Mahesh Sangwan, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred by the applicant- wife, under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ‘Vishnu Vs. Neeraj’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Bhiwani, to the Court of competent jurisdiction at Jhajjar. 2. Learned counsel for the applicant contends that on the complaint made by the applicant, FIR under Sections 498-A, 506, IPC, stands registered and the respondent is already appearing in the proceedings initiated therein at Jhajjar. It is further contended that the TA No.450 of 2011 2 applicant has filed a petition under Section 125 Cr.P.C. which is pending adjudication before the competent Court at Jhajjar. 3. Learned counsel for the applicant further contends that the applicant is a resident of Jhajjar, and the purpose of filing the petition under Section 13 of the Act is only to harass the applicant. 4. The learned counsel for the respondent has vehemently opposed the prayer. 5. I have heard the learned counsel for the parties 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. Mrs. Neeraj, the applicant-wife, is residing at Jhajjar. The respondent-husband filed a petition under Section 13 of the Act, which is pending before learned District Judge-cum-Family Court, Bhiwani. 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 Bhiwani, which is at a distance of about 150 kms. from the place of her residence. She also apprehends threat to her life and TA No.450 of 2011 3 liberty at the hands of the respondent and his family members. 8. Considering the fact that the applicant is a resident of District Jhajjar, and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. 9. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Vishnu Vs. Neeraj’ is withdrawn from the Court of learned District Judge-cum- Family Court, Bhiwani, and is transferred to the Court of competent jurisdiction at Jhajjar. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Bhiwani, to the learned District Judge-cum-Family Court, Jhajjar, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Jhajjar. 10. The parties shall appear before the learned District Judge, Jhajjar, on 12.10.2011. 08.09.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No