T.A. No. 209 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 209 of 2010 (O&M) Date of Decision: 23.7.2010. Jasbir Singh and others ....Applicants Versus Rajwinder Singh Sodhi ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Pardeep Rajput, Advocate for the applicants. Ms. J.J. Kaur, Advocate for the respondent. RAJESH BINDAL J Prayer in the present application is for transfer of the petition filed by the respondent for the custody of his son against the applicants in the Court at Jalandhar to Amritsar. Briefly the facts are that the respondent is the natural father of the minor son whose custody, he is seeking by way of the petition filed before the learned Court at Jalandhar. The respondents in the petition filed by the father for custody are the maternal grand parents, two maternal uncles and a maternal aunt. Mother of the child had expired. The application before this Court has been filed by the aforesaid applicants seeking transfer of the case from Jalandhar to Amritsar as they are resident of that place. Learned counsel for the applicants submitted that son is in their custody ever since his mother expired. In fact she was being tortured by the respondent and turned out of the home when she was pregnant. The respondent even did not attend her cremation. The grand parents being old, it will be difficult for them to travel from Amritsar to Jallandhar and also take the child along with. On the other hand learned counsel for the respondent submitted that the distance between Jallandhar and Amritsar is not much. It is not that only grand parents are the parties before the learned Court below rather there are two maternal uncles and a maternal aunt who are quite young and even un- T.A. No. 209 of 2010 -2- married. The wife of the respondent died due to complications at the time of delivery. There is no ground made out for transfer of the petition filed by the respondent from Jalandhar to Amritsar. Heard learned counsel for the parties and perused the paper book. Considering the material on record and also the contention raised by learned counsel for the parties, I do not find this to be a fit case for transfer of the petition for custody of the child, filed by the respondent/husband from Jalandhar to Amritsar. The allegations and counter allegations made by both the parties regarding torture of the mother of the child or her death are not required to be gone into in the present proceedings. The distance between Jalandhar to Amritsar is not much. Neither the age of maternal parents nor other applicants is that much it is not possible for them to attend the hearing of the case at Jalandhar if the Court at Jalandhar has jurisdiction. Mere convenience of the parties may not be a ground for transferring the proceedings. For the reasons mentioned above, I do not find any merit in the present application and the same is dismissed. (RAJESH BINDAL) 23.7.2010. JUDGE Reema