TA No.350 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.350 of 2011 Date of decision:12.8.2011 Kamaljit Kaur ...Applicant Versus Gurkirpal Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Kunal Dawar, Advocate, for the applicant. Mr.Nakul Sharma, Advocate, for the respondent. -.- JITENDRA CHUAHAN, J. The wife-applicant has filed the present application for transfer of the matrimonial proceedings initiated by the husband-respondent pending in the court of Civil Judge (Sr. Division), Ferozepur to the court of competent jurisdiction at Panchkula. I have heard the learned counsel for the parties and perused the case file. From the perusal of case file, it emerges that both the parties are residing separately at Baddi, District Solan and earning their livelihood. There are averments of continuous harassment and beatings of the applicant by the respondent. The applicant filed an application under Sections 12 and 18 of the Protection of Women from Domestic Violence Act, 2005 (for short `the Domestic Violence Act') against the respondent. In the reply to TA No.350 of 2011 2 the said application, the respondent shown himself as a resident of Baddi, District Solan. However, the said application was disposed of on the basis of compromise arrived at between the parties. Thereafter, the respondent filed the petition in question i.e. under Section 9 of the Hindu Marriage Act, 1955 for dissolution of marriage before the District & Sessions Judge, Ferozepur, wherein the respondent has shown himself to be the resident of District Ferozepur. The applicant has been looking after her minor son born out of the wedlock. In the circumstance, when the stand of the respondent is not constant, the convenience of the wife cannot be ignored. In the fact situation, this Court is of the view that as both the parties are resident of Baddi, District Solan and they are earning their livelihood there, it will be in the interest of both the parties if the present application is allowed. Accordingly, the present application is allowed. The petition filed by the respondent titled as `Sh.Gurkirpal Singh Versus Smt. Kamaljit Kaur' under Section 9 of the Act is withdrawn from the court of learned Civil Judge(Senior Division), Ferozepur and is transferred to the court of competent jurisdiction at Panchkula. File shall be sent by the trial Court at Ferozepur to the learned District Judge, Panchkula, within two weeks from the date of receipt of a certified copy of this order. The learned District Judge, Panchkula, will either himself dispose it of himself or entrust it to any other Court of competent jurisdiction. Parties are directed to appear before the District Judge, Panchkula on 12.9.2011. 12.8.2011 (JITENDRA CHAUHAN) mks JUDGE