IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 494 of 2011 Date of decision: 22.9.2011 Dimple ...Applicant Versus Rajesh Kumar ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Munish Bhardwaj, Advocate for the applicant. None for the respondent. *** JITENDRA CHAUHAN, J.(Oral) Learned counsel for the applicant has produced dasti summon, which is taken on record. As per the same, respondent has been duly served. Despite that none has caused appearance on behalf of the respondent. Accordingly, he is proceeded against ex-parte. The present application has been filed by the applicant-wife seeking transfer of the case titled as 'Rajesh Kumar vs. Dimple' from the Court of learned Civil Judge (Junior Division), Ludhiana to the court of competent jurisdiction at Jalandhar. I have heard learned counsel for the applicant and perused the file. The perusal of the case file reveals that the applicant alongwith her minor girl child having being ousted from her matrimonial home, is residing at the mercy of her parents at Jalandhar. There are allegations of maltreatment of the applicant. Besides this, the applicant is suffering from cyst problem in her neck and taking treatment at Jalandhar. The applicant has filed a petition under Section 125 of the Code of Criminal Procedure for grant of maintenance to herself and her young TA No. 494 of 2011 -2- daughter at Jalandhar, which is still pending. In a counter-blast to the same, the respondent-husband filed a petition under Section 9 of the Hindu Marriage Act, 1955, which is also pending before the learned Civil Judge (Junior Division), Ludhiana, it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor daughter, to attend the court proceedings at Ludhiana. Considering the fact that the applicant is residing at the mercy of her old parents at Jalandhar; she has no source of income and primarily the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the wife- applicant. Accordingly, the present application deserves to be allowed. In view of the above, the instant application is allowed, petition under Section 9 of the Act titled as 'Rajesh Kumar vs. Dimple' is withdrawn from the court of learned Civil Judge (Junior Division), Ludhiana and is transferred to the court of competent jurisdiction at Jalandhar. The complete record pertaining to the case in question shall be sent by the trial court at Ludhiana to the learned District Judge, Jalandhar within two weeks from the date of receipt of the certified copy of this order. The learned District Judge, Jalandhar will either dispose it of himself or entrust it to any court of competent jurisdiction. The parties shall appear before the court of learned District Judge, Jalandhar on 29.10.2011. 22.09.2011 (JITENDRA CHAUHAN) gsv JUDGE