TA No.334 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.334 of 2011 Date of decision : 13.07.2011 Sudesh Kumari ...Applicant Versus Devender Bhukal and another ...Respondents CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. S.K. Bhardwaj, Advocate for the applicant. Respondents ex parte. JITENDRA CHAUHAN, J. (Oral) 1. None has caused appearance on behalf of the respondents despite service. Accordingly, the respondents are proceeded against ex parte. 2. The present application has been preferred under Section 24 of the Code of Civil Procedure, praying for the transfer of the civil suit titled as ‘Devender Bhukal and another Vs. Sudesh Kumari’, from the Court of learned Additional Civil Judge (Sr. Divn.), Dhuri (Sangrur), to the Court of competent jurisdiction at Jind. 3. The applicant is a widowed lady having a nine years’ old child. The applicant was earlier married to the elder brother of TA No.334 of 2011 2 respondent No.1, who attained martyrdom. Thereafter, she started living with respondent No.1, who was bachelor at that time, as his wife with the consent of families of both the parties and as per custom of the families. A son was born out of the wedlock between the applicant and respondent No.1. The respondents married each other in January 2010, and ousted the applicant from the matrimonial home, after depriving her of all the amount and articles, she received on the death of her first husband. It is averred that the applicant is presently residing with her parents at Jind, and is dependent upon them. The distance between the two stations is more than 170 kms. It is difficult for the applicant-wife to pursue the litigation at Dhuri. 4. The dispute is regarding moveable property, i.e. a Zen car. The Civil Court at Jind has the jurisdiction to hear and decide the case. Moreover, the applicant herein, resides at Jind. As per Section 20 of the Code of Civil Procedure, the Civil Court at Jind has the jurisdiction because the defendant, i.e. the applicant herein, actually and voluntarily resides at Jind. The convenience of the widowed lady is to be seen in the matter of territorial jurisdiction. 5. In view of the above, the instant transfer application is allowed and the civil suit titled as ‘Devender Bhukal and another Vs. Sudesh Kumari’ is withdrawn from the Court of learned Additional Civil Judge (Sr. Divn.), Dhuri, and is transferred to the Court of competent jurisdiction at Jind. The entire record pertaining to the civil suit shall be sent by the trial Court at Dhuri to the learned District Judge, Jind, within three weeks, who will either himself dispose it of or TA No.334 of 2011 3 entrust it to any other Court of competent jurisdiction at Jind. 6. The parties shall appear before the learned District Judge, Jind, on 12.08.2011. 13.07.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No