IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 501 of 2011 (O&M) Date of decision: 26.9.2011 Baljeet Kaur alias Babli ...Applicant Versus Joginder Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Simranjit Singh, Advocate for the appellant None for the respondent. *** JITENDRA CHAUHAN, J.(Oral) The present application has been filed by the applicant-wife, seeking transfer of the petition titled as 'Joginder Singh versus Baljeet Kaur alias Babli', from the court of learned Judicial Magistrate, 1st Class, Karnal, to the Court of competent jurisdiction at Fatehgarh Sahib. I have heard learned counsel for the applicant. The perusal of the file reveals that the applicant is presently residing with her parents at Sirhind, after having been ousted from her matrimonial home. The applicant filed a complaint under Sections 406/498-A/ 420 of the Indian Penal Code and petition under Section 4 of the Dowry Prohibition Act, 1961, which are pending with the competent Courts at Fatehgarh Sahib. The applicant has also filed an application under Section 125 of the Code of Criminal Procedure, which is also pending at Fatehgarh Sahib. The applicant is having a male child. It is averred that the respondent has filed the petition under Section 9 of the Act TA No. 501 of 2011 (O&M) -2- at Karnal, only to harass and humiliate the applicant. Considering the facts that the applicant is presently residing at Sirhind, District Fatehgarh Sahib; it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor son, to attend the court proceedings at Karnal and primarily, the convenience of the wife is to be seen, therefore, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 9 of the Act titled as ‘Joginder Singh versus Baljeet Kaur alias Babli' is withdrawn from the Court of learned Judicial Magistrate, 1st Class, Karnal, and is transferred to the court of competent jurisdiction at Fatehgarh Sahib. The complete record pertaining to case in question shall be sent by the trial Court at Karnal, to the learned District Judge, Fatehgarh Sahib, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Fatehgarh Sahib will either dispose it of himself or entrust it to any Court of competent jurisdiction. The parties shall appear before the Court of District Judge, Fatehgarh Sahib, on 29.10.2011. 26.9.2011 (JITENDRA CHAUHAN) gsv JUDGE