Jitendra Chauhan, J. - (1.) THE present application has been preferred by the applicant -wife under Section 21 -A of the Hindu Marriage Act 1955, read with Section 24 of Code of Civil Procedure, praying for the transfer of the petition titled as 'Rakesh Kumar Vs. Annu Arora', 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, Patiala to the Court of competent jurisdiction at Mohali.
(2.) I have heard the learned counsel for the parties. A perusal of the file reveals that the applicant has filed a petition under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights and another petition under Section 125 Cr.P.C., before the competent Court at Mohali. She is totally dependent on her parents. The applicant apprehends threats to her life in case she goes to Patiala to attend the proceedings. It has been averred that due to the cruelties and torture meted out to her by the respondent and his family members, the petitioner has undergone severe mental pain and agony. She is unable to maintain herself.
(3.) 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, convenience -wise, a transfer to the place where the lady is residing, would be preferred by this Court unless it is shown that there are special reasons not to do so. No such special reason is shown.;