T.A.No.70 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No 70 of 2011 Date of decision 7.3.2011 Dr.Amandeep Kaur ...Applicant versus Dr.Paramvir Singh ...Respondent Present: Mr.Sandeep K.Sharma,Advocate for the applicant Mr.Preetinder Singh Ahluwalia,Advocate for the respondent .... CORAM : HON'BLE MR.JUSTICE JITENDRA CHAUHAN JITENDRA CHAUHAN.J (ORAL) By filing this application under section 24 of the Code of Civil Procedure, the applicant seeks transfer of the petition titled “Dr.Paramvir Singh vs.Dr. Amandeep Kaur”filed by the respondent under section 13 of the Hindu Marriage Act,1955 (for short the 'Act') from the Court of Additional District Judge, Hoshiarpur to the court of competent jurisdiction at Patiala. The marriage between the parties was solemnized on 28.1.2007 at Nabha District Patiala. A male child was born out of the wedlock of the parties on 24.6.2008. The applicant was subjected to cruelty and maltreatment as a result of which she was compelled to leave the matrimonial home on 3.12.2008 with her minor son and since then she is residing with her parents at Nabha. Learned counsel for the applicant submits that though applicant is a qualified doctor, she has no source of income and is totally dependent T.A.No.70 of 2011 2 on her parents. He further submits that the distance between Nabha and Hoshiarpur is 160 kms. and it is very difficult for the applicant to go to Hoshiarpur to persue her case. He submits that the respondent is already appearing in the Court at Patiala in proceedings pending under Sections 9 of the Act and 125 Cr.P.C. Learned counsel for the respondent submits that applicant is a quarrelsome lady and she has deserted the respondent. The applicant and respondent are well qualified. Applicant wife is presently not working and has no resources.She is to look after her minor son. She is totally at the mercy of her parents. The distance from Patiala to Hoshiarpur is 160 kms. and it would not be possible for the applicant-wife to attend the court proceedings at Hoshiarpur . Moreover it will add financial burden on the applicant in the absence of any financial resources. It is well settled principle of law that the convenience of the wife has to be kept in view in such like matters as has been held in cases of Sumitra Singh v. Kumar Sanjay and another, AIR 2002 SC 396 and Neelam Kanwar v. Devinder Singh Kanwar,2001(1) M.L.J.509 (SC). No prejudice is going to be caused to the respondent-husband by appearing in the Courts at Patiala. Therefore, it would be in the interest of justice if petition filed by the respondent-husband under section 13 of the Act is transferred to the court of competent jurisdiction at Patiala. In view of the above, the present application is allowed and the petition titled petition titled “Dr.Paramvir Singh v.Dr.Amandeep Kaur” filed by husband-respondent under section 13 of the Act is withdrawn from the court of Additional District Judge,Hoshiarpur and is transferred to the court of competent jurisdiction at Patiala. File shall be sent by the trial court at T.A.No.70 of 2011 3 Hoshiarpur to the District Judge,Patiala within two weeks from the date of receipt of copy of this order, who will either dispose it of or entrust the same to any other court of competent jurisdiction at Patiala. Parties are directed to appear before the District Judge, Patiala on 2.4.2011 at 11.a.m. (JITENDRA CHAUHAN) JUDGE 7.3.2011 MS Note:Whether to be referred to the Reporter? Yes/No.