CM Nos. 21000-02 -CII of 2011 in/and TA No. 436 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM Nos. 21000-02 -CII of 2011 in/and TA No. 436 of 2011 Date of decision: 19.9.2011. Meenu Sharma ...Applicant Versus Anil Kaushik ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Veneet Sharma, Advocate for the applicant. Mr.SS Majithia, Advocate for the respondents *** JITENDRA CHAUHAN, J.(Oral) CM Nos. 21000-01-CII of 2011 Applications are allowed as prayed for. CM No. 21002 CII of 2011 This is an application for placing on record reply alongwith Annexures R-1 to R-7. Application is allowed and reply alongwith Annexures R-1 to R-7 is taken on record. TA No. 436 of 2011 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 petition titled as ‘Anil Kaushik vs. Meenu Sharma’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for brevity `the Act'), from the Court of learned District Judge, Ambala, to the CM Nos. 21000-02 -CII of 2011 in/and TA No. 436 of 2011 2 Court of competent jurisdiction at Patiala. 2. Learned counsel for the applicant contends that the applicant was thrown out of her matrimonial home on account of demand of dowry. She was tortured and harassed. An FIR No.14 dated 15.1.2010, was lodged against the respondent under Sections 406, 498-A of the Indian Penal Code, at Police Station City Rajpura, District Patiala. Thereafter, the respondent-husband filed a petition under Section 13 of the Act, at Ambala only with a view to harass the applicant. 3. He further contends that the applicant has no source of income and she is dependent upon her father. There is no male member in the family, who can accompany the applicant to Ambala. The applicant also apprehends threat to her life and liberty at the hands of the respondent and his family members, in case she goes to Ambala to attend the court proceeding. 4. On the other hand, learned counsel for the respondent has vehemently opposed the contentions raised by learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the record. 6. From the perusal of the case file, it emerges that the applicant is residing at Rajpura with her parents after having been ousted from her matrimonial home. There are averments of continuous beatings and harassment of the applicant by the respondent. In this regard an FIR No.14 ibid was lodged. She has no source of income and there is no one in CM Nos. 21000-02 -CII of 2011 in/and TA No. 436 of 2011 3 the family to accompany the applicant to attend the court proceedings at Ambala. 7. Taking into consideration the peculiar facts and circumstances of the present case and in view of the apprehension of the applicant with regard to her life and liberty, this Court feels that it would be in the interest of justice if the instant transfer application is allowed and the petition under Section 13 the Act titled as ‘Anil Kaushik vs. Meenu Sharma’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for brevity `the Act'), from the Court of learned District Judge, Ambala, is transferred to the Court of competent jurisdiction to Patiala. 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, Patiala, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Patiala. 8. The parties shall appear before the learned District Judge, Patiala, on 29.10.2011. 19.09.2011 (JITENDRA CHAUHAN) gsv JUDGE