TA No.229 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.229 of 2011 Date of decision : 26.04.2011 Smt. Kashmir Kaur ...Applicant Versus Sewak Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Sanjeev Sharma, Advocate for the applicant. Ms. Jaspal Kaur Gurna, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. 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 suit titled as ‘Sewak Singh Vs. Naresh Kumar Pandit and others’ (inadvertently referred to as application under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure-Annexure P-1), filed by the respondent, from the Court of learned Additional Civil Judge (Sr. Divn.), Dera Bassi, to the Court of competent jurisdiction at Patiala. 2. The learned counsel for the applicant submits that the applicant, who was thrown out of the matrimonial home by the TA No.229 of 2011 2 respondent along with her small child, is a victim of repeated litigations preferred at the instance of the respondent. 3. The learned counsel further contends that earlier, the petition under Section 13 of the Hindu Marriage Act, 1955, was moved by the respondent at Patiala and thereafter, the respondent has filed the present application (Annexure P-1) at Dera Bassi with a view to harass the applicant. The applicant is residing at Patiala from where, there is no direct bus service and she has to change 3-4 buses to reach the Court at Dera Bassi to attend the proceedings. The respondent is also a resident of Patiala. There will be no inconvenience to any party. 4. Learned counsel for the respondent has vehemently opposed the prayer. 5. I have heard the learned counsel for the parties. 6. Keeping in view that the applicant is without any resources, she has to maintain the small child and has been made to suffer repeated litigations at the hands of the respondent, this Court feels that the ends of justice would be met if the present application is allowed. 7. In view of the above, the instant transfer application is allowed, civil suit titled as ‘Sewak Singh Vs. Naresh Kumar Pandit and others’ (inadvertently referred to as the application, Annexure P-1) is withdrawn from the Court of learned Additional Civil Judge (Sr. Divn.), Dera Bassi, and is transferred to the Court of competent jurisdiction at Patiala. The entire record pertaining to the main case titled ‘Sewak Singh Vs. Naresh Kumar Pandit and others’, shall be sent by the trial Court at Dera Bassi to the learned District Judge, Patiala, TA No.229 of 2011 3 within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 8. The parties shall appear before the Court of learned District Judge, Patiala, on 26.05.2011 at 11.00 a.m. 26.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No