Punjab And Haryana High Court · 2011

CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN ...Respondent Present: Mr. Harkesh Manuja, 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 petition titled as ‘Som Pal Vs. Baby’, filed by the respondent 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 Yamuna Nagar.

Learned counsel for the applicant contends that the applicant has filed a petition under Section 125 Cr.P.C. which is pending adjudication at Yamuna Nagar. The learned counsel further contends that criminal proceedings under Sections 498-A/406/506 IPC are also pending against the respondent at Yamuna Nagar. TA No.279 of 2011 2

Learned counsel for the applicant further contends that the applicant is a resident of Yamuna Nagar, and the purpose of filing the petition under Section 13 of the Act is only to harass the applicant.

As per the office report, the respondent has been served through the learned counsel representing him in the trial Court, however, none has caused appearance on his behalf. Accordingly, the respondent is proceeded against ex parte.

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 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.

The applicant-wife is residing at Yamuna Nagar. The respondent-husband filed a petition under Section 13 of the Act, which is pending before learned District Judge, Ambala. It would certainly be difficult for the wife, living at the mercy of her parents, having no source of income and saddled with the responsibility of raising her minor son, to attend the court proceedings at Ambala, which is at a distance of about 60 kms. from the place of her residence. TA No.279 of 2011 3

Considering the fact that the applicant is a resident of Yamuna Nagar 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.

In view of the above, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Som Pal Vs. Baby’ is withdrawn from the Court of learned District Judge, Ambala, and is transferred to the Court of competent jurisdiction at Yamuna Nagar. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Ambala to the learned District Judge, Yamuna Nagar, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Yamuna Nagar.

The parties shall appear before the Court of District Judge, Yamuna Nagar, on 18.07.2011.

02.06.2011 atulsethi (JITENDRA CHAUHAN) JUDGE Note : Whether to be referred to Reporter ? Yes / No