TA No.437 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.437 of 2011 Date of decision: 12.12.2011 Meena Kumari ....Applicant Versus Smt.Sita Rani and another ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.KS Rekhi, Advocate for the applicant. Mr.Kuldip Tiwari, Advocate for respondent No.1. ***** Jitendra Chauhan, J.(Oral) The present application has been preferred by the applicant wife, under Section 24 of the Code of Civil Procedure, praying for the transfer of the Civil Suit titled as ‘Smt.Sita Rani vs. Satish Kumar and another’, filed by respondent No.1, from the Court of learned Civil Judge (Senior Division), Pehowa, to the Court of competent jurisdiction at Amritsar. The applicant is the daughter-in-law of respondent No.2. The respondent No.1 filed the suit in question (Annexure P-1), for specific performance of the agreement to sell dated 20.5.2005, against Satish Kumar and the applicant in the Court of Civil Judge, Senior Division, Pehowa, TA No.437 of 2011 2 which is sought to be transferred. . I have heard learned counsel for the parties and perused the case file. From the perusal of the case file, it emerges that the applicant, after having been ousted from her matrimonial home, is presently residing at her parents' home at Amritsar. She is maintaining three children born out of the wedlock. There are allegations of beatings and harassment of the applicant by the respondents for bringing less dowry. In this regard, she has lodged an FIR No.71 dated 10.6.2010, under Sections 406/498-A, 506, 120- B of IPC at Police Station Majitha, Amrtisar against the respondents. She has also lodged FIR No.11 dated 10.1.2011, under Section 420 of IPC at Police Station Majitha, against the respondents on account of the fraud played upon her by the respondents. It is urged that she apprehends threats to her life and liberty, in case she attends the court proceedings at Pehowa. It would certainly be difficult for the applicant, having no source of income and saddled with the responsibility of raising her three children, to attend the court proceedings at Pehowa, which is at a distance of about 300 Kms. The applicant cannot properly and effectively defend her case, at Amritsar. On the other hand, the respondents are resourceful persons. Considering the fact that the applicant is presently residing at Amritsar alongwith her three children; primarily the convenience of the wife is to be seen, therefore, the balance of convenience is in favour of the applicant-wife and against the respondents. In view of the above, in the interest of justice, the instant TA No.437 of 2011 3 application is allowed, the civil suit titled as ‘Smt.Sita Rani vs. Satish Kumar and another’, filed by the respondent No.1, is withdrawn from the Court of learned Civil Judge (Senior Division), Pehowa and is transferred to the court of competent jurisdiction at Amritsar. The complete record pertaining to the said suit shall be sent by the trial court at Pehowa to the learned District Judge, Amritsar, immediately after the receipt of the certified copy of this order. The learned District Judge, Amritsar, will either dispose it of himself or entrust it to any court of competent jurisdiction. The parties shall appear before the court of learned District Judge, Amritsar on 5.2.2012 at 10 AM. 12.12.2011 (JITENDRA CHAUHAN) gsv JUDGE