CM No. 23281-82 CII of 2011 in/and TA No. 457 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 23281-82 CII of 2011 in/and TA No. 457 of 2011 (O&M) Date of decision: 27.9.2011 Asha Rani ...Applicant Versus Lakhvinder Pal ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Sandeep Goyal, Advocate for the applicant. Mr.Ashit Malik, Advocate for the respondent *** JITENDRA CHAUHAN, J.(Oral) CM No. 23281-CII of 2011 Application is allowed as prayed for. CM No. 23282-CII of 2011 Application for placing on record the petition dated 20.5.2008, order dated 19.1.2011 passed by learned CJM, Kaithal and publication dated 7.6.2006 as Annexures P-6 to P-8, respectively, is allowed. Annexures P-6 to P-8 are taken on record. Application stands disposed of accordingly. TA No. 457 of 2011 CM No. 23281-82 CII of 2011 in/and TA No. 457 of 2011 (O&M) -2- The present applicant has been filed by the applicant/wife seeking transfer of the petition titled as 'Lakhvinder Pal vs. Asha Rani' filed by the respondent-husband, from the court of learned District Judge, Sangrur to the court of competent jurisdiction at Kaithal. Learned counsel for the applicant contends that the marriage of the applicant and respondent was solemnized on 3.7.2003. The respondent and his family were not happy with the dowry given by the parents of applicant. A son was born out from the said wedlock. Further contends that she was given beatings and after some time of marriage, the applicant alongwith his child had been ousted from her matrimonial home. The applicant moved an application, on the basis of which, FIR No.114 dated 16.3.2008 was registered against the husband and his relatives under Section 323, 506 IPC at Police Station City Kaithal. On the other hand, learned counsel for the respondent opposed the prayers on the ground that he has to look after his sister, who is suffering from low platelets counts. I have heard learned counsel for the parties and have gone through the case file carefully. From perusal of the case file, it emerges that the applicant alongwith his minor son is presently residing at the mercy of her parents at Kaithal after having been ousted from her matrimonial home. There are averments of continuous beatings and harassment. Though, the fact that the sister of the respondent is suffering from low platelets counts, alone cannot be stated to be very relevant for CM No. 23281-82 CII of 2011 in/and TA No. 457 of 2011 (O&M) -3- declining the prayer of the applicant and he is not expected to be around her all the time. Moreover, there are averments in the application filed by the applicant that sister of the respondent is running a school as reflected in the order dated 19.1.2011 (Annexure P-7) passed by learned Chief Judicial Magistrate, Kaithal. 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 Sangrur, which is at a distance of 130 Kms. Considering the facts that the applicant is presently residing with her parents at Kaithal; she has no source of income; 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 13 of the Act titled as ‘Lakhvinder Pal vs. Asha Rani' is withdrawn from the Court of learned District Judge, Sangrur and is transferred to the court of competent jurisdiction at Kaithal. The complete record pertaining to the case in question shall be sent by the trial Court at Sangrur, to the learned District Judge, Kaithal, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Kaithal 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, Kaithal, on 29.10.2011. CM No. 23281-82 CII of 2011 in/and TA No. 457 of 2011 (O&M) -4- 27.09.2011 (JITENDRA CHAUHAN) gsv JUDGE