CRM No.M 32515 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M 32515 of 2011 Date of decision: 20.12.2011 Gurmeet Singh Lamba ....Petitioner Versus Rabinder Kaur ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.AK Jain, Advocate for the petitioner. Mr.PK Kataria, Advocate for the respondent. ***** Jitendra Chauhan, J.(Oral) 1. The present petition has been preferred by the petitioners, under Section 407 of the Code of Criminal Procedure, praying for the transfer of the case No.15/2008 dated 30.7.2008, titled as ‘Rabinder Kaur vs. Gurmeet Singh,' filed by the respondent-wife under Section 125 of the Code of Criminal Procedure, from the Court of learned Judicial Magistrate, 1st Class, Amritsar to any other court of competent jurisdiction at any other place. 2. Learned counsel for the petitioner contends that the petitioner apprehends threat to his life and liberty at the hands of the family members of the respondents at Amritsar, and therefore, he is unable to attend the court proceedings at Amritsar. 3. On the other hand, learned counsel for the respondent-wife has CRM No.M 32515 of 2011 2 denied the allegations levelled against her and stated that the respondent- wife is living with her parents at Amritsar and she is also maintaining the minor child. 4. I have heard learned counsel for the parties and perused the case file. 5. Section 126 of the Code of Criminal Procedure provides as under:- “126. Procedure. (1) Proceedings under section 125 may be taken against any person in any district- (a) Where he is, or (b) Where he or his wife resides, or (c) Where he last resided with his wife, or as the case may be, with the mother of the illegitimate child....” The territorial jurisdiction to institute application under Section 125 of Cr.P.C. is Amritsar District where the wife resides. 6. From the perusal of the case file, it reveals that respondent- wife, after having been ousted from her matrimonial home, is residing with her parents at Amritsar. She is maintaining the minor child, born out of the wedlock. The respondent-wife lodged the complaint under Sections 313, 406, 498A, 120-B of the Indian Penal Code, in which the criminal proceedings have been initiated against the petitioners. The petition filed by the petitioner under Section 13 of the Hindu Marriage Act appears to be a counter blast. 7. There is no force in the submissions made by the learned counsel for the petitioners, regarding any threat to him at the hands of the CRM No.M 32515 of 2011 3 family members, as the petitioner has not lodged any complaint/ FIR against them. On mere allegation, the petitioner cannot be granted any relief. 8. In view of the above, no ground is made out to transfer the case from Amritsar to any other place. Accordingly, the present petition is dismissed being bereft of any merit. 20.12.2011 (JITENDRA CHAUHAN) gsv JUDGE