T.A. No. 28 of 2010 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 28 of 2010 (O&M) Date of decision: 9.9.2010 Upneet Kaur .. Applicant v. Jasbir Singh .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. M. S. Sachdev, Advocate for the applicant. Mr. R. P. Singh, Advocate for the respondent. ... Rajesh Bindal J. Prayer in the application is for transfer of the divorce petition filed by the respondent-husband at Gurdaspur to Hoshiarpur. Learned counsel for the applicant submitted that the applicant in the present case is living at Dasuya. Though at the time of filing of the petition, only one case was pending at Dasuya, however, subsequent thereto, two more cases were filed. Presently the applications under Section 125 Cr.P.C. and under Section 12 of the Protection of Women Domestic Violence Act, in addition thereto, FIR under Section 406 and 498-A IPC got registered by the applicant, are pending at Dasuya. The respondent is attending the hearings of the aforesaid cases. The divorce petition also deserves to be transferred from Gurdaspur to Hoshiarpur, which is the district headquarter, considering the fact that once when the applicant visited Gurdaspur, she was attacked by the respondent. He further submitted that the allegations of the respondent in the divorce petition are that the applicant is not mentally stable. Even on that account, she should not be made to travel from Dasuya to Gurdaspur. On the other hand, learned counsel for the respondent submitted that distance between Dasuya to Gurdaspur and to Hoshiarpur is almost 40 kilometers. The divorce petition filed by the husband is pending at Gurdaspur and transfer thereof is being sought to Hoshiarpur. The other three cases filed by the applicant- wife are pending at Dasuya. Once the wife can travel from Dasuya to Hoshiarpur to attend the proceedings of the divorce petition, in case the same is transferred, T.A. No. 28 of 2010 [ 2] there is no reason for her to state that she could not travel to Gurdaspur, which is at an equal distance from Dasuya. He further submitted that the story of attack, as was projected by the applicant, was found to be false on investigation, as it was concocted. The complaint in that regard was filed by the applicant with the police to prejudice the court when the bail application of the respondent was pending in the FIR got registered by her. He further submitted that earlier the applicant was working as a Teacher in a private school at a place near Pathankot and used to travel from Dasuya daily, the distance in between being 70-80 kilometers. Once the wife could travel to that place from the place of her residence, there is no reason to claim that she cannot travel from Dasuya to Gurdaspur. After hearing learned counsel for the parties, I do not find any merit in the present application. It was not disputed that distance between Dasuya to Gurdaspur and Dasuya to Hoshiarpur is almost 40 kilometers. The applicant-wife is seeking transfer of the divorce petition from Gurdaspur to Hoshiarpur. Meaning thereby in any case, she will have to travel 40 kilometers on either side from her place of residence. There is no child born out of the wedlock. The other three cases filed by the wife are pending at Dasuya. Considering the aforesaid facts, I do not find any merit in the present application. Accordingly, the same is dismissed. (Rajesh Bindal) Judge 9.9.2010 mk