Cr.Misc. M 8788 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 8788 of 2010 Date of decision: 25.3.2010 Kamaljit Singh and others Petitioner vs. Mandeep Kaur & Ors Respondent Present: Mr. Anu Raura, Advocate. M.M.S.BEDI,J. The petitioners seek the transfer of proceedings initiated by respondent No.1 against them under the provisions of Protection of Women from Domestic Violence Act, 2005 ( for short 'the Act') from Muktsar to Ludhiana inter alia on the ground that it is difficult for the petitioners to attend each and every date of hearing and to contest the application as the learned CJM, Muktsar has been insisting for personal appearance of the petitioners as if they are accused in a criminal complaint. A reference has been made to the orders dated 25.1.2010 and 5.2.2010, which orders indicate that the court of the learned CJM, Muktsar has been issuing a direction to the petitioners to appear in the court. Order dated 5.2.2010 indicates that the presence of petitioners 2 and 3 had been exempted on the request of the counsel for the petitioners. After hearing learned counsel for the petitioners, I am of the opinion that the proceedings against the petitioners can easily be contested by putting an appearance through a counsel. No doubt the court can require any party to appear before the court but there is no statutory compulsion for the petitioners under the Act, requiring them to personally Cr.Misc. M 8788 of 2010 2 appear in the court and to contest the proceedings. In view of the above, I do not deem it appropriate to issue any direction for transfer of the proceedings under the Act from Muktsar to Ludhiana, where the proceedings, launched at the instance of respondents are pending. It will be open to the counsel for the petitioners to bring it to the notice of the trial court the provisions of Section 2(q) of the Act so far as the “female respondents” are concerned. I have also considered the contention of the learned counsel for the petitioners that in case the petitioners do not go to Muktsar, they will not be able to impart instructions to their counsel, as such, great prejudice will be caused to them. I do not find any force in the said contention. It will always be open to the counsel to take up all the legal pleas before the court concerned. Dismissed. March 25 ,2010 ( M.M.S.BEDI ) TSM JUDGE