TA No. 20 of 2008 (1) In the High Court of Punjab & Haryana at Chandigarh TA No. 20 of 2008 (O&M) Date of decision : 12.10.2010 Kiranjit Kaur ... Applicant vs Ranjeet Singh and another .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sanjay Jain, Advocate, for the applicant. None for the respondents. Rajesh Bindal J. Prayer in the application is for transfer of civil suit “titled as Ranjeet Singh and another vs Kiranjit Kaur and others” filed by the respondents claiming damages from the applicant at Chandigarh to Ambala. Learned counsel for the applicant submitted that the marriage between the applicant and respondent no. 1 was solemnised on 6.11.2005. As they could not settle in their matrimonial home, a compromise was effected for separation on 7.6.2006. In terms of the compromise, the petition under Section 13- B of the Hindu Marriage Act, 1955, was filed before the District Judge, Ambala, on 16.1.2007, in which divorce by mutual consent was granted on 1.8.2007. It was mutually agreed upon between the parties, that they will not indulge each other in any litigation whatsoever in future. In similar lines was the statement made before the court during the divorce proceedings. Inspite of the aforesaid understanding between the parties, the respondents have filed suit against the applicant on 24.10.2007 claiming damages on account of various allegations made in the suit. It was submitted that since the dispute between the parties was compromised, the suit was filed with a view to harass the applicant. It was submitted that suit itself was not maintainable considering the compromise between the parties, however, still as the applicant is being harassed, the trial of the suit be transferred from Chandigarh to Ambala. The application was admitted on 27.4.2009 in the presence of counsel for the respondents to be listed for hearing within one year, specifically noticing that the same will be considered after the reply is filed by the respondents to controvert the contentions raised by the applicant in the present application. However, till today neither any reply has been filed nor the counsel for the respondents has appeared. TA No. 20 of 2008 (2) After hearing learned counsel for the applicant and considering the uncontroverted statement of fact made in the application regarding settlement between the parties and the divorce granted in terms of that settlement wherein it was mutually agreed upon between the parties that after grant of divorce they will not indulge each other in any litigation in future, still a suit for damages was filed on 24.10.2007 against the applicant even though the divorce was granted on 1.8.2007. Without opining on the merits of the controversy, considering the facts and circumstances of the case, it would be appropriate if the trial of the civil suit “titled as Ranjeet Singh and another vs Kiranjit Kaur and others” is transferred from Chandigarh to Ambala. Ordered accordingly. Parties are directed to appear before the Civil Judge (Senior Division), Ambala, on 30.10.2010 for further proceedings. The Civil Judge (Senior Division), Ambala may either keep it with him or entrust the same to any other competent Court. As the respondents remained unrepresented before this Court, the factum regarding the transfer of the petition from Chandigarh to Ambala shall be brought to the notice of the respondents or their counsel by the Court concerned at Chandigarh on the next date of hearing. The application stands disposed of accordingly. Copy of the order be given dasti to the counsel for the applicant on payment of usual charges. 12.10.2010 (Rajesh Bindal) vs. Judge