TA No.172 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.172 of 2011 Date of decision : 21.04.2011 Poornima Deep ...Applicant Versus Baldev Singh and others ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Vaibhav Sehgal, Advocate for the applicant. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred by the applicant- Smt. Poornima Deep, under Section 24 of the Code of Civil Procedure, praying for the transfer of the civil suit No.14 of 13.01.2011 (Annexure P-1), titled as ‘Baldev Singh Vs. Poornima Deep’, from the Court of learned Civil Judge (Jr. Divn.), Mohali, to the Court of competent jurisdiction at Ludhiana. 2. Brief facts of the case are that the applicant was married with one Balwinder Singh, the son of respondent No.1, on 7.10.2005. After three months of the marriage, Balwinder Singh left for England. He visited India for some time but again left for England on 02.10.2006 and never returned back. Thereafter, respondent No.1 herein filed a suit for mandatory injunction for restraining the applicant and her TA No.172 of 2011 2 parents from entering the House No.902, Phase IX, SAS Nagar, Mohali, which has been sought to be transferred by way of the present application. 3. Learned counsel for the applicant contends that criminal proceedings initiated at the behest of the applicant against the respondent and his other family members are pending adjudication at Ludhiana. 4. Learned counsel for the applicant further contends that on 25.10.2010, the applicant and her minor daughter were mercilessly beaten by respondent No.1 and thrown out of the matrimonial home. The purpose of filing the civil suit is only to harass the applicant by preventing her from entering the disputed property even though she is legally entitled to do so being daughter-in-law of respondent No.1. She also apprehends threat at the hands of the respondent. 5. From the perusal of the office report, it is made out that the respondent is deliberately avoiding service. On summons, her daughter-in-law reported that Baldev Singh is residing at Goa. Accordingly, the respondent is proceeded against ex parte. 6. I have heard the learned counsel for the applicant and perused the record. 7. The applicant is residing at Ludhiana. The respondent has filed a civil suit, which is pending before learned Civil Judge (Jr. Divn.) Mohali. It would certainly be difficult for the applicant, living at the mercy of her parents, having no source of income and saddled with the responsibility of raising her minor daughter, to attend the court TA No.172 of 2011 3 proceedings at Mohali. 8. In view of the above, the instant transfer application is allowed and the civil suit titled as ‘Baldev Singh Vs. Poornima Deep and others’ is withdrawn from the Court of learned Civil Judge (Jr. Divn.), Mohali, and is transferred to the Court of competent jurisdiction at Ludhiana. The entire record pertaining to the civil suit shall be sent by the trial Court at Mohali to the learned District Judge, Ludhiana, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 9. The parties shall appear before the Court of learned District Judge, Ludhiana, on 21.05.2011. 21.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No