TA No.517 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.517 of 2011 Date of decision : 02.11.2011 Kiran @ Meena ...Applicant Versus Satyawan Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Mohit Garg, Advocate for the applicant. None 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 ‘Satyawan Singh Vs. Kiran @ Meena’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional District Judge, Karnal, to the Court of competent jurisdiction at Bhiwani. 2. I have heard the learned counsel for the applicant and perused the record. 3. Smt. Kiran @ Meena, after having been ousted from the TA No.517 of 2011 2 matrimonial home, has been residing at Bhiwani since 01.05.2011. The respondent has filed petition under Section 13 of the Act at Karnal. It is averred that the applicant is having no independent source of income and is living at the mercy of her old parents. The distance between the two stations is stated to be more than 160 kms. 4. 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, convenience- wise, a transfer to the place where the lady is residing, would be preferred by this Court unless it is shown that there are special reasons not to do so. No such special reason is shown.” 5. Considering the fact that the applicant is a resident of Bhiwani 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. 6. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Satyawan Singh Vs. Kiran @ Meena’ is withdrawn from the Court of learned Additional District Judge, Karnal, and is transferred to the Court of competent jurisdiction at Bhiwani. The entire record pertaining to the petition under Section 13 of the Act shall be sent by TA No.517 of 2011 3 the trial Court at Karnal, to the learned District Judge, Bhiwani, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Bhiwani. 7. The parties shall appear before the learned District Judge, Bhiwani, on 12.12.2011. 02.11.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No