T.A.NO. 157 OF 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.NO. 157 OF 2010(O&M) Date of decision: 7th July, 2010 Harpal Kaur .......Petitioner Versus Kulwinder Singh ........Respondent BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. P.L.Singla, Advocate, for the petitioner. Mr. B.S.Bhalla, Advocate, for the respondent. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The petitioner seeks transfer of the marriage petition from the Court at Moga to Ludhiana. The allegation in the petition to justify her claim is contained in the following words:- “That petitioner, her parents and their relatives are being threatened by Surjit Singh son of Nonihal Singh, father in law of the petitioner, who is a President of Truck Union of Village Ajitwala. Rajender Singh son of Dasaunda Singh r/o Kothe Jiwan, who accompanied the petitioner on 16.03.2010 and 20.03.2010 to Moga courts was also given threats by father in law of the petitioner. That the petitioner is not in a position to T.A.NO. 157 OF 2010(O&M) 2 defend false case against her instituted by her husband under Section 13 of the Hindu Marriage Act due to the threats given by her father in law. It is pertinent to mention here that village Ajitwal is about 15 kilometers ahead from the Moga Courts towards Jagraon. The petitioner, and her accompanying persons have to go through village Ajitwal.” 2. The averments contained in the petition against the respondent shall not be in any way taken as having been accepted by the Court and conceded by the respondent. The allegation is not against the husband nor is the allegation that respondent is himself creating any trouble to the petitioner. However, the inconvenience that the respondent may have to subject himself is only travel of about 60 kilometers, if the petitioner's prayer is to be granted. The place of resilience of the wife is after all a statutorily approved places of jurisdiction. The petition is allowed. 3. The case pending before the Additional District Judge, Moga, titled as “Kulwinder Singh Vs. Harpal Kaur” is withdrawn and transferred to be posted before the District Court at Ludhiana. 5. Parties are directed to appear before the learned District Judge, Ludhiana for hearing on 16.08.2010. [K.KANNAN] JUDGE 7th July, 2010 Shivani Kaushik