IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.506 of 2011 Date of decision: 29.9.2011 Neetu ...Applicant Versus Varinder Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. NK Manchanda, Advocate for the applicant. Respondent ex parte. ***** JITENDRA CHAUHAN, J. (Oral) 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 suit for mandatory injunction titled as ‘Varinder Kumar vs. Neetu’, (Annexure P-1) filed by the respondent, from the Court of learned Civil Judge (Senior Division), Bathinda, to the Court of competent jurisdiction at Ferozepur. I have heard the learned counsel for the applicant and perused the record. 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 conveniencewise, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reasons not to do so. No TA No.506 of 2011 -2- special reason is shown.” The applicant-wife alongwith her minor girl child, is presently residing with her widowed mother at Ferozepur. There are allegations of maltreatment of the applicant by the respondent. The application under Section 125 of the Code of Criminal Procedure filed by the applicant for grant of maintenance is prior in time. It would certainly be difficult for the wife, who is living at the mercy of her widowed mother, having no source of income and saddled with the responsibility of raising her minor daughter, to attend the court proceedings at Bathinda. Considering the fact that the applicant is residing at the mercy of her widowed mother at Ferozepur; she has no source of income and primarily, the convenience of the wife is to be seen, therefore, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed and the suit for mandatory injunction titled as 'Varinder Kumar vs. Neetu' is withdrawn from the Court of learned Civil Judge (Senior Judge), Bathinda (Annexure P-1), and is transferred to the Court of competent jurisdiction at Ferozepur. The entire record pertaining to the said case shall be sent by the trial Court at Bathinda, to the learned District Judge, Ferozepur, within three weeks, who will either dispose it of himself or entrust it to any other Court of competent jurisdiction at Ferozepur. The parties through their respective counsel shall appear before the learned District Judge, Ferozepur, on 12.10.2011 at 10 AM. 29.09.2011 (JITENDRA CHAUHAN) gsv JUDGE