TA No. 564 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 564 of 2011 Date of decision: 29.11.2011 Jaskiran Kaur and another .... Applicants Versus Vipin Kumar and another ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Kuldip Tiwari, Advocate for the applicants. Respondents ex-parte ***** Jitendra Chauhan, J.(Oral) 1. 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.Jaskiran Kaur & another versus Vipin Kumar and another ’, filed by her, from the Court of learned Additional Civil Judge, (Senior Division), Abohar, to the Court of competent jurisdiction at Kurukshetra. 2. I have heard learned counsel for the applicant and perused the case file. 3. The primary ground on which the transfer has been sought is that the applicant apprehends serious threat to her life and liberty at the hands of the respondent and his family members. There are averments of beatings and harassing. In this regard, a compliant (Annexure P4), had also been lodged with the Superintendent of Police, Kurukshetra. She had also filed a petition under Section 125 of the Code of Criminal Procedure for TA No. 564 of 2011 2 grant of maintenance, in which notice has been issued to the respondent. She, after having been ousted from her matrimonial home, is presently residing with her old parents. She is maintaining her minor child. 4 Considering the fact that the applicant is presently residing at Kaithal; it would be very difficult for the wife, having no source of income and saddled with the responsibility of raising her minor son, to attend the court proceedings at Abohar, which is at a distance of about 300 Kms. In a petition filed by the husband, 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 respondent-husband. 5 In view of the above, the instant application is allowed, civil suit titled as “Smt.Jaskiran Kaur & another vs. Vipin Kumar and another ” from the Court of learned Additional Civil Judge (Senior Division), Abohar is withdrawn and is transferred to the court of competent jurisdiction at Kurukshetra. The complete record pertaining to the said suit shall be sent by the trial court at Abohar, to the learned District Judge, Kurukshetra, within two weeks from the date of receipt of the certified copy of this order. The learned District Judge, Kurukshetra will either dispose it of himself or entrust it to any court of competent jurisdiction. 6 The parties shall appear before the court of learned District Judge, Kurukshetra on 19.12.2011 at 10 AM. 29.11.2011 (JITENDRA CHAUHAN) gsv JUDGE