TA No.356 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.356 of 2011 Date of decision:12.8.2011 Shaila ...Applicant Versus Jaswinder Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Vikram Bali, Advocate, for the applicant. Mr.Rajbir Singh, Advocate, for the respondent. -.- JITENDRA CHUAHAN, J. The applicant/wife has preferred the instant application for transfer of the matrimonial proceedings under Section 9 of the Hindu Marriage Act, 1955, (for short `the Act') pending in the the court of learned Additional Civil Judge (Senior Division), Sangrur to the court of competent jurisdiction at Patiala. I have heard the learned counsel for the parties. From the perusal of case file, it emerges that the applicant alongwith her minor child has been residing at the mercy of her mother at Patiala after being ousted from her matrimonial home. There are averments of continuous beatings and harassment of the applicant by the respondent. She has no source of income and there is no male member in the family to TA No.356 of 2011 2 accompany the applicant to attend the court proceedings at Sangrur. It is further made out that the respondent is already appearing in two cases one under Sections 12(1), 18, 19, 20, 22 of Protection of Women from Domestic Violence Act and another is under Section 25 of Guardian & Wards Act filed by the applicant wife at Patiala, which are prior in time to the case in question, filed by the respondent. In the circumstances, there would be considerable inconvenience to the wife to visit Sangrur on each date of hearing. In a dispute between the husband and the wife, normally the wife is at the receiving end. The balance of convenience is in favour of the applicant/wife and against the respondent/husband. Considering the facts that the applicant is residing at the mercy of her old mother at Patiala; 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 on the side of the wife, the applicant. Accordingly, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed. Petition under Section 9 of the Act titled as ‘Jaswinder Singh Versus Smt. Shaila' is withdrawn from the Court of learned Additional Civil Judge (Senior Division), Sangrur and is transferred to the court of competent jurisdiction at Patiala. The complete record pertaining to petition in question shall be sent by the trial Court at Sangrur, to the learned District Judge, Patiala, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Patiala will either dispose it of himself or entrust it to any Court of competent jurisdiction. TA No.356 of 2011 3 The parties shall appear before the Court of District Judge, Patiala, on 15.9.2011. 12.8.2011 (JITENDRA CHAUHAN) mks JUDGE