TA No. 478 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 478 of 2011 Date of decision: 19.9.2011 Kanta Devi ...Applicant Versus Rattan Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Jatin Salwan, Advocate for the applicant. Mr.HS Sullar, Advocate for the respondent *** JITENDRA CHAUHAN, J.(Oral) This is an application filed by the applicant/wife, for transfer of the divorce petition titled as `Rattan Singh vs. Kanta Devi', filed by the respondent/husband under Section 13 of the Hindu Marriage Act, 1955, (for short `the Act') from the court of learned District Judge, Ambala, to the court of competent jurisdiction at Patiala. I have heard the learned counsel for the applicant. From the perusal of case file, it emerges that the applicant alongwith her two children is residing at the mercy of her parents at Village Phunheri, District 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 therefore, it would be difficult for her to attend the court proceedings at Ambala on each and every date. In a dispute between the husband and the wife, normally the TA No. 478 of 2011 2 wife is at a receiving end. It is the divorce petition of the husband and it should be conducted in a manner which will least trouble the wife. 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 parents at village Phunheri, District Patiala; she has no source of income and primarily the convenience of the wife in the circumstances cannot be ignored, therefore, in my opinion, the balance of convenience is in favour 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transfer application is allowed, petition under Section 13 of the Act titled as ‘Rattan Singh Versus Kanta Devi' is withdrawn from the Court of learned District Judge, Ambala and is transferred to the court of competent jurisdiction at Patiala. The complete record pertaining to case in question shall be sent by the trial Court at Ambala, 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. The parties shall appear before the Court of District Judge, Patiala, on 22.10.2011. 19.09.2011 (JITENDRA CHAUHAN) gsv JUDGE