TA No.299 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.299 of 2010 Date of decision : 19.04.2011 Ajit Kaur and another ...Applicants Versus Hardeep Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. B.S. Saroha, Advocate for the applicant. Mr. Anant Kataria, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been filed by the wife-Ajit Kaur, under Section 24 of the Code of Civil Procedure, for transfer of petition under Section 12 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Hardeep Singh Vs. Ajit Kaur’, filed by the respondent, from the Court of learned Additional District Judge, Ludhiana, to the Court of competent jurisdiction at SAS Nagar Mohali. 2. I have heard the learned counsel for the parties. TA No.299 of 2010 2 3. It has been averred in the application that the respondent used to beat the applicant on account of demand of dowry. She was turned out of the matrimonial home on 17.04.2009 along with the young child born out of the wedlock. 4. The applicant is presently residing at Mohali at the mercy of her brother without any resources. She is also maintaining the child. One petition filed by her under Section 9 of the Act is pending adjudication at Mohali. The distance between Mohali and Ludhiana is stated to be more than 100 kms. Therefore, it would be difficult for her to repeatedly visit Ludhiana along with the young child. Moreover, in matrimonial disputes, primarily, the convenience of the wife is to be seen. The petition filed by the wife under Section 9 of the Act is prior in time. 5. Keeping in view the aforementioned facts, the present application is allowed and the petition under Section 12 of the Act titled as ‘Hardeep Singh Vs. Ajit Kaur’ is withdrawn from the Court of learned Additional District Judge, Ludhiana, and is transferred to the Court of competent jurisdiction at Mohali. The trial Court is directed to send the case file to the learned Incharge District Judge, Mohali, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 6. The parties shall appear before the Court of learned District Judge, Mohali, on 19.05.2011. 19.04.2011 (JITENDRA CHAUHAN) TA No.299 of 2010 3 atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No