TA No.581 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.581 of 2010 Date of decision : 14.03.2011 Manpreet Kaur …Applicant Versus Gurmeet Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Gurcharan Dass, Advocate for the applicant. Mr. Namit Sharma, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The applicant-wife, Manpreet Kaur, has filed the present application under Section 24 of the Code of Civil Procedure, for transfer of the petition titled as ‘Gurmeet Singh Vs. Manpreet Kaur’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional District Judge, Panipat, to the Court of competent jurisdiction at Patiala. 2. I have heard the learned counsel for the parties and perused the record. 3. The applicant has sought the transfer on the ground that the respondent is already appearing in two cases filed by the applicant at Patiala, which are prior in time. The respondent has filed the present TA No.581 of 2010 2 petition under Section 13 of the Act only the pressurize the applicant. It has also been averred that the applicant is receiving threatening calls and there is a reasonable apprehension to her life and liberty, in case she goes to attend the Court proceedings at Panipat. The father of the applicant is an old man of about 70 years and there is no other male member to accompany her to Panipat. 4. Admittedly, the applicant is residing at Patiala after she has been ousted from her matrimonial home. The petitions filed by the applicant are prior in time. In the absence of any male member in the family to accompany her, it would be difficult for her to effectively pursue the case and protect her interests at Panipat, which is at a distance of about 170 kms. Otherwise also, the convenience of the wife is to be seen. 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. In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Gurmeet Singh Vs. Manpreet Kaur’ is withdrawn from the Court of learned TA No.581 of 2010 3 Additional District Judge, Panipat, and is transferred to the Court of competent jurisdiction at Patiala. The entire record pertaining to petition under Section 13 of the Act shall be sent by the trial Court at Panipat to the learned District Judge, Patiala, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 7. The parties shall appear before the Court of learned District Judge, Patiala, on 19.04.2011. 14.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No