TA No.94 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.94 of 2011 Date of decision : 04.04.2011 Smt. Priyanka ...Applicant Versus Bijender Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. R.A. Sheoran, Advocate for the applicant. None for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been filed under Section 24 of the Code of Civil Procedure, praying for transfer of petition titled as ‘Bijender Kumar Vs. Priyanka’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned District Judge, Narnaul, to the Court of competent jurisdiction at Bhiwani. 2. From the perusal of the office report regarding service of the respondent, it appears that the respondent is deliberately avoiding service. Accordingly, the respondent is proceeded against ex parte. 3. After going through the record, it is established that petition TA No.94 of 2011 2 under Section 13 of the Act preferred by the applicant is prior in time to the petition under Section 9 of the Act filed by the respondent at Narnaul. The applicant is residing at Bhiwani. It would certainly be difficult for the wife, living at the mercy of her parents and having no source of income, to attend the court proceedings at Narnaul. 4. 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.” 5. Considering the fact that the applicant is a resident of Bhiwani and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. Accordingly, the petition filed by the respondent titled as ‘Bijender Kumar Vs. Priyanka’ under Section 9 of the Act, pending in the Court of learned District Judge, Narnaul, deserves to be transferred to Bhiwani. 6. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Bijender Kumar Vs. Priyanka’ is withdrawn from the Court of learned District Judge, Narnaul, and is transferred to the Court of competent TA No.94 of 2011 3 jurisdiction at Bhiwani. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Narnaul to learned District Judge, Bhiwani, 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, Bhiwani, on 04.05.2011. 04.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No