Navjivani Saini vs Sarbjeet Singh alias Raju

Jitendra Chauhan, J.—The present application u/s 24 of the CPC has been filed by the applicant-wife, seeking transfer of the petition titled as ''Sarbjeet Singh alias Raju versus Navjivani Saini'', filed u/s 13 of the Hindu Marriage Act, 1955, by the respondent-husband, from the court of learned Additional District Judge, Ropar to the Court of competent jurisdiction at Chandigarh/Mohali.

Notice was duly served upon the respondent, but he did not choose to appear. Hence, he is proceeded against ex-parte.

I have heard learned counsel for the applicant and perused the case file.

The perusal of the file reveals that the applicant, after having been ousted from her matrimonial home, is presently residing with her parents at Zirakpur, District Mohali. There are averments of continuous beatings, harassment and demand of dowry by the respondent. In this regard, an FIR No. 274 of 2011, under Sections 406, 498-A of IPC, was lodged by the applicant against the respondent-husband.

In a dispute between the husband and the wife, normally the wife is at the receiving end. It is the divorce petition of the husband and it should be conducted in a manner which will least trouble the wife.

Considering the facts that the applicant is residing at the mercy of her old parents at Zirakpur. She is without any resources. Thus, in the present case, the balance of convenience is in favour of the applicant/wife and against the respondent/husband. Therefore, the present application deserves to be allowed.

In view of the above, the instant transfer application is allowed. Petition u/s 13 of the Act titled as �Sarbjeet Singh alias Raju versus Navjivani'' is withdrawn from the Court of learned Additional District Judge, Ropar and is transferred to the court of competent jurisdiction at Mohali. The complete record pertaining to case in question shall be sent by the trial Court at Ropar, to the learned Incharge District Judge, Mohali, within two weeks from the date of receipt of a copy of this Order. The learned Incharge District Judge, Mohali will either dispose it of himself or entrust it to any Court of competent jurisdiction.

The parties shall appear before the Court of Incharge District Judge, Mohali, on 31.3.2012 at 10 AM.