T.A. No.525 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No.525 of 2011 Date of decision: 15.11.2011 Harjinder Kaur ...Applicant Versus Komal Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Vinod Kumar, Advocate for the applicant Respondent ex-parte. **** Jitendra Chauhan, J. (Oral) The present application under Section 24 of the Code of Civil Procedure has been filed by the applicant-wife, seeking transfer of the petition titled as 'Komal Singh vs. Harjinder Kaur', filed under Section 9 of the Hindu Marriage Act by the respondent-husband, from the court of learned Additional Civil Judge, Senior Division, Phagwara to any other court of competent jurisdiction at Hoshiarpur. The respondent was served through his father, but he did not come forward to oppose this application. I have heard learned counsel for the applicant and perused the case file. From the perusal of the case file, it is made out that the applicant, after having been turned out from her matrimonial home, is presently residing at the mercy of her parents at Kalewal Bhagtan, Tehsil and District Hoshiarpur. She is maintaining the young child born out of the wedlock. There are averments of torture and humiliation of the applicant by T.A. No.525 of 2011 2 the respondent and his family members. The applicant has filed a complaint under Section 498-A of the Indian Penal Code at Hoshiarpur. She has also filed a petition under Section 125 of the Code of Criminal Procedure at Hoshiarpur. As a counter- blast, the respondent-husband filed the petition in question at Phagwara. Considering the facts that the applicant is presently residing at the mercy of her parents in village Kalewal Bhagtan, District Hoshiapur; it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising the minor son, to attend the court proceedings at Phagwara. In the petition filed by the husband, primarily the convenience of the wife is to be seen, therefore, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 9 of the Act titled as ‘Komal Singh versus Harjinder Kaur' is withdrawn from the Court of learned Additional Civil Judge, Senior Division, Phagwara, and is transferred to the court of competent jurisdiction at Hoshiarpur. The complete record pertaining to the case in question shall be sent by the trial Court at Phagwara, to the learned District Judge, Hoshiarpur, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Hoshiarpur will either dispose it of himself or entrust it to any Court of competent jurisdiction at Hoshiarpur. The parties shall appear before the Court of District Judge, Hoshiarpur, on 17.12.2011 at 10 AM. 15.11.2011 (JITENDRA CHAUHAN) gsv JUDGE