TA No.261 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.261 of 2010 Date of decision : 20.04.2011 Anju Bala ...Applicant Versus Pawan Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Peeush Gagneja, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. Through the instant application, the applicant has sought the transfer of the petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Pawan Kumar Vs. Anju Bala’ from the Court of learned Additional District Judge, Fatehgarh Sahib to the Court of competent jurisdiction at Ferozepur. 2. The learned counsel for the applicant contends that earlier also, the respondent filed a petition under Section 13 of the Act. The applicant approached this Court for the transfer of the matter which was allowed on 15.11.2007. Subsequently, the respondent withdrew the petition and against instituted the instant petition under Section 13 of the Act and has misused the process of law. TA No.261 of 2010 2 3. The learned counsel further contends that the applicant is residing at Abohar, Distt. Ferozepur, at the mercy of her parents. She has no source of income. The distance between two stations is more than 300 kms. 4. Despite service, nobody has caused appearance on behalf of the respondent. Accordingly, the respondent is proceeded against ex parte. 5. The inconvenience of the wife, who is repeatedly made to face the litigation, cannot be ignored, particularly, when she is without any resources. 6. In the circumstances, I deem it appropriate to transfer the petition under Section 13 of the Act titled as ‘Pawan Kumar Vs. Anju Bala’ from the trial Court at Fatehgarh Sahib to the Court of competent jurisdiction at Ferozepur. 7. Accordingly, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Pawan Kumar Vs. Anju’ is withdrawn from the Court of learned Additional District Judge, Fatehgarh Sahib, and is transferred to the Court of competent jurisdiction at Ferozepur. The entire record pertaining to the petition shall be sent by the trial Court at Fatehgarh Sahib to the learned District Judge, Ferozepur, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 8. The parties shall appear before the Court of learned District Judge, Ferozepur, on 20.05.2011. TA No.261 of 2010 3 20.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No