TA No.377 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.377 of 2011 Date of decision : 11.08.2011 Mamta and another ...Applicants Versus Anil Kumar and others ...Respondents CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ravinder Malik, Advocate for the applicants. Mr. Surinder Dagar, Advocate, for respondent Nos.1 and 2. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred under Section 24 of the Code of Civil Procedure, praying for the transfer of the Application No.10/18.9.2008, tilted as ‘Smt. Mamta and another Vs. Anil Kumar and others’, (Annexure P-3) and Civil Suit titled as ‘Smt. Mamta and another Vs. Anil Kumar and others’ (Annexure P-4) filed by the applicants, from the Court of learned Additional Civil Judge, Sr. Divn., Kharar, to the Court of competent jurisdiction at Karnal. 2. Heard the learned counsel for the parties and perused the record. 3. The applicants No.1 and 2 are the wife and daughter of TA No.377 of 2011 2 respondent No.1, respectively. Respondent No.2 is the sister of respondent No.1. There has been a history of mental torture and physical assault by respondent Nos.1 and 2 to applicant No.1, who was ousted from her matrimonial house along with her minor daughter, applicant No.2, on 19.5.2004. On the complaint filed by applicant No.1, FIR No.159 under Sections 406/498-A/506 IPC was got registered against the respondents. However, a compromise was effected, in pursuance thereof the parties and the applicants joined the company of respondent Nos.1 and 2. The applicant No.1 was again thrown out of the matrimonial house by the respondents after administering severe beatings as reflected the MLR (Annexure P-2). 4. Thereafter, the applicants filed two cases (Annexrues P3 and P4) against the respondents at Kharar, which have been sought to be transferred to Karnal. 5. It is contended that two petitions, one under Section 125 Cr.P.C. and another under Section 12 of the Protection of Women from Domestic Violence Act, have been filed by applicant No.1 at Karnal, where she is presently residing along with her minor daughter, at the mercy of her parents. She also apprehends threat at the hands of the respondents. 6. Although, the cases, Annexures P-3 and P-4, have been filed by the applicants, yet keeping in view of the peculiar facts and circumstances of the present case, particularly the history of beatings and the fact that the applicants are presently residing at Karnal and two petitions are already pending there against the respondents, in my TA No.377 of 2011 3 opinion, the balance of convenience is in favour of the applicants and against the respondents. 7. In view of the above, the instant transfer application is allowed and the cases, Application No.10/18.9.2008, tilted as ‘Smt. Mamta and another Vs. Anil Kumar and others’, (Maintenance Case) (Annexure P-3) and Civil Suit titled as ‘Smt. Mamta and another Vs. Anil Kumar and others’ (Suit for declaration) (Annexure P-4), are withdrawn from the Court of learned Additional Civil Judge, Sr. Divn, Kharar, and are transferred to the Court of competent jurisdiction at Karnal. The entire record pertaining thereto shall be sent by the trial Court at Kharar, to the learned District Judge, Karnal, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Karnal, expeditiously, preferably within a period of four months. 8. The parties shall appear before the learned District Judge, Karnal, on 12.9.2011. 11.08.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No