TA No.140 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.140 of 2011 Date of decision : 01.09.2011 Mandeep Kaur ...Applicant Versus Harwinder Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: None. JITENDRA CHAUHAN, J. (Oral) 1. There is no assistance on behalf of either side. 2. 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 ‘Harwinder Singh Vs. Mandeep Kaur’, 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, Gurdaspur, to the Court of competent jurisdiction at Mohali. 3. A perusal of the file reveals that there has been a history of mental torture and physical assault upon the applicant at the hands of the respondent and his family members. It is averred that the respondent and his family members tried to kill the applicant by pouring cooking oil on her and putting the LPG gas pipe in her mouth. TA No.140 of 2011 2 The matter was compromised several times, however, the respondent did not mend his ways and backed from the compromise every time. It is further averred that the respondent is working at Chandigarh and only with a view to harass the applicant, the petition under Section 13 of the Act has been filed at Gurdaspur. 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, 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.” 5. Considering the fact that the applicant is a resident of Mohali 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 ‘Harwinder Singh Vs. Mandeep Kaur’ is withdrawn from the Court of learned Additional District Judge, Gurdaspur, and is transferred to the Court of competent jurisdiction at Mohali. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Gurdaspur, to the learned Incharge District Judge, Mohali, TA No.140 of 2011 3 within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Mohali. 7. The parties shall appear before the learned District Judge, Mohali, on 03.10.2011. 01.09.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No