TA No.250 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.250 of 2011 Date of decision : 31.05.2011 Chhinder Kaur ...Applicant Versus Gurbax Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. L.S. Sidhu, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. 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 ‘Gurbax Singh Vs. Chhinder Kaur’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Civil Judge (Sr. Divn.), Ferozepur, to the Court of competent jurisdiction at Moga. 2. Learned counsel for the applicant contends that the applicant has filed petition under Section 125 Cr.P.C. which is pending adjudication before the Court of CJM, Moga. The learned counsel further contends that criminal proceedings under Section 498-A/34 IPC, are also pending against the respondent at Moga. The applicant is TA No.250 of 2011 2 a resident of Moga, and the purpose of filing the petition under Section 9 of the Act is only to harass the applicant. 3. The respondent has been served by way of affixation, however, none has caused appearance on his behalf. Accordingly, the respondent is proceeded against ex parte. 4. I have heard the learned counsel for the applicant and perused the record. 5. 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.” 6. The applicant-wife is residing at Moga. The petition under Section 125 Cr.P.C. and the criminal proceedings filed by the applicant are going on at Moga. The petition under Section 9 of the Act has been filed by the husband. It would certainly be difficult for the wife, living at the mercy of her parents and having no source of income, to attend the court proceedings at Ferozepur, which is at a distance of about 70 kms. from the place of her residence. 7. Considering the fact that the applicant is a resident of Moga and primarily, the convenience of the wife is to be seen, TA No.250 of 2011 3 therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. 8. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Gurbax Singh Vs. Chhinder Kaur’ is withdrawn from the Court of learned Civil Judge (Sr. Divn.), Ferozepur, and is transferred to the Court of competent jurisdiction at Moga. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Ferozepur to the learned District Judge, Moga, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Moga. 9. The parties shall appear before the learned District Judge, Moga, on 18.07.2011. 31.05.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No