T.A.No. 77 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH T.A.No. 77 of 2011 Date of decision: 17.8.2011 Shaveta Applicant v Vikas Kumar Respondent CORAM: HONBLE MR.JUSTICE JITENDRA CHAUHAN Present: None for the parties ... JITENDRA CHAUHAN.J The Applicant-Shaveta has filed the present petition under section 24 of the Code of Civil Procedure, for transfer of case titled as “Vikas Kumar v. Shaveta” filed by the husband-respondent under section 13 of the Hindu Marriage Act,1955 (for short the Act), pending adjudication in the court of Additional District Judge, Hoshiarpur to the court of competent jurisdiction at Ludhiana. A perusal of the record reveals that the marriage between the parties was solemnized on 31.1.2005. As per allegations in the petition, Applicant-wife was subjected to cruelty by the husband and his family members. The specific dates refers to the events i.e. on 13.4.2005, she was turned out of the matrimonial home by the husband, but rehabilitated with the intervention of the respectables; in the month of August,2005, she was forcibly sent to her parents house and in May 2006, when she was pregnant, was given beatings and forcibly got her child aborted by the respondent- husband. In the year 2008, it was again repeated. On 19.7.2009, she was given beatings, the husband-respondent left her in the hospital and ran T.A.No. 77 of 2011 2 away. She was not allowed to go to her parents house on the eve of Bhaiya Dooj, she left the matrimonial home in 2009. Applicant filed petitions under section 125 Cr.P.C., under section 12 of the Domestic Violence Act, besides a petition under section 9 of the Act, which are pending in the courts at Ludhiana. The respondent-husband has filed reply denying all the allegations. It is stated that applicant-wife is a quarrelsome lady and from the very beginning of the marriage, she wanted to reside separately. She used to threat the respondent and his family members to commit suicide. She was having some medical problem and was unable to conceive. The respondent-husband was getting her treated at Hoshiarpur. They started residing separately, and in June,2005, she left the company of the respondent-husband and went to her parental home. With the intervention of the Panchayat, a compromise was arrived at between the parties wherein the wife admitted her fault and gave in writing that she would not repeat the same. A copy of the said compromise is placed on record as Annexure R-1. The relations became strained and she left the matrimonial home. On 14.7.2009, applicant alongwith her parents and brother, came to the matrimonial home and quarreled with the respondent and caused damage to the house and shop of the respondent. A representation dated 17.7.2009 was made to S.S.P. Police Station Model Town, Hoshiarpur. A copy of the said representation is placed on record as Annexure R-2. Again Panchayat was convened and matter was compromised vide Deed dated 8.10.2009 (Annexure R-3). The behaviour of the wife did not change and on 6.11.2010, she tried to commit suicide to implicate the husband and his family members. A representation dated 7.11.2010, Annexure R-4 was T.A.No. 77 of 2011 3 submitted in the Police Station. The police investigated the matter and tried to contact the father of the applicant, but no response was received and DDR No. 14 dated 8.2.2011 was registered. None has caused appearance for the parties. I have carefully perused the file. The Compromise Deed, dated 10.6.2005 Annexure R-1, clearly depicts the intention of the wife admitting that she would not repeat her behaviour and behave nicely with her husband and in-laws. Annexure R-3, dated 10.8.2009 another compromise on the record shows that the parties have sorted out their differences with undertaking to live peacefully, without any bitterness in their minds. A perusal of Annexure R-4, dated 7.11.2010 shows that the wife quarreled with respondent-husband on trivial issue and tried to commit suicide. He reported the matter to the police and filed a petition under section 13 of the Act in the court of Additional District Judge, Hoshiarpur. The petitions under section 9 of the Act, 125 Cr.P.C. and 12 of the Domestic Violence Act, filed by the applicant-wife appears to counter to the petition filed by the husband-respondent under section 13 of the Act. The applicant-wife seems to be of a vacillating nature. The husband apprehended danger to his life and liberty, in case the present application is allowed. In view of the discussion, this feels that no ground is made out to allow the transfer application. The same is dismissed. (JITENDRA CHAUHAN) JUDGE 17.8.2011 MS