TA No.336 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.336 of 2011 Date of decision:18.7.2011 Nisha ...Applicant Versus Anil Kumar ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Ms.Harsimrat, Advocate/Amicus curiae, for the applicant. Mr.Ramesh Sharma, Advocate, for the respondent. -.- JITENDRA CHUAHAN, J. The present transfer application was received by post. The prayer in the application is for transfer of the case titled as `Anil Kumar Vs.Nisha' filed by the respondent under Section 13 of the Hindu Marriage Act, 1955, from the Court of learned Additional District Judge, Karnal to the court of competent jurisdiction at Kurukshetra. I have heard the learned counsel for the parties. From the perusal of the case file, it emerges that the applicant is a resident of District Kurukshetra and has been living alongwith her child at the mercy of her old parents after being ousted from her matrimonial home. TA No.336 of 2011 2 There are averments of continuous beatings and harassment of the applicant by the respondent. She has no source of income and there is no one in the family to attend the court proceedings at Karnal. In the circumstances, there would be a considerable inconvenience to the wife to visit on each date of hearing to Karnal alongwith the minor child to defend the case filed by the respondent. In a dispute between the husband and the wife, normally the wife is at a receiving end. It is the divorce petition of the husband and it should be conducted in a manner which will least trouble the wife. 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 son is residing at the mercy of her old parents at village Ladwa, District Kurukshetra; she has no source of income and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is on the side of the wife, the applicant. Accordingly, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 13 of the Act titled as ‘Anil Kumar Vs. Nisha' is withdrawn from the Court of learned Additional District Judge, Karnal, and is transferred to the court of competent jurisdiction at Kurukshetra. File of the petition shall be sent by the trial Court at Karnal to learned District Judge, Kurukshetra, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Kurukshetra will either dispose it of himself or entrust it to any Court of competent jurisdiction. TA No.336 of 2011 3 The parties shall appear before the Court of District Judge, Kurukshetra on 18.8.2011. Ms.Harsimrat, amicus curiae, will be paid remuneration by the Haryana Legal Services Authority, as per rules. 18.7.2011 (JITENDRA CHAUHAN) mk JUDGE