IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Transfer Application No. 397 of 2009 Date of decision : December 07, 2009 Sonia Bharti and others ....Petitioners versus Kamlesh Kumari ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Vivek Thakur, Advocate, for the petitioners Mr. Praveen Kumar, Advocate, for the respondent L.N. Mittal, J. (Oral) Reply on behalf of respondent filed today in Court is taken on record. Respondent has filed suit against the petitioners at Hoshiarpur for return of gold ornaments. Petitioner no. 1 was married with respondent's son Munish Sharma. Marriage between petitioner no. 1 and respondent's son has since been dissolved by decree of divorce by mutual consent dated 2.2.2009, Annexure P/5, in view of compromise dated 30.5.2008, Annexure P/2. Petitioner nos. 2 and 3 are parents of petitioner no. 1. This is transfer petition under section 24 of the Code of Civil Procedure for transfer of the aforesaid civil suit No. 115 dated 25.7.2009 from the court at Hoshiarpur to court of competent jurisdiction at Kapurthala. Transfer Application No. 397 of 2009 -2- I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioners vehemently contended that divorce between petitioner no. 1 and respondent's son was granted by the court at Kapurthala and all disputes were settled between the parties vide compromise Annexure P/2 but in spite thereof, respondent has filed the instant suit at Hoshiarpur only to harass the petitioners. Learned counsel for the respondent on the other hand contended that compromise was only between petitioner no. 1 and respondent's son and not with the respondent who is not party to the compromise. The contention has been countered by learned counsel for the petitioners by submitting that even present respondent Kamlesh Kumar is signatory to compromise Annexure P/2. Learned counsel for the respondent, however, contended that respondent may have signed the compromise as witness but she cannot be said to be party to the compromise. It was also contended on behalf of respondent that, in fact, respondent had moved application Annexure R/1 dated 19.5.2008 to Senior Superintendent of Police, Hoshiarpur even before the aforesaid compromise was arrived at between the parties. The contentions raised on behalf of respondent cannot be accepted. Perusal of compromise Annexure P/2 reveals that petitioner no. 1 had moved application to police not only against respondent's son but also against his other relatives including the respondent herself, regarding demand of dowry and giving of beatings and in that application, both the Transfer Application No. 389 of 2009 -3- parties effected compromise (Annexure P/2). It would, thus, be apparent that the respondent herein was party to the compromise and not only witness thereto. It is also not mentioned in compromise Annexure P/2 that respondent has signed the compromise as witness. On the other hand, the compromise has been signed by respondent as party thereto. In the matrimonial proceedings also, convenience of the wife has to be preferred as per judgments of Hon'ble Apex Court. Now after dissolution of marriage between petitioner no. 1 and respondent's son pursuant to compromise, the respondent has filed suit against the petitioners at Hoshiarpur. Keeping in view all the circumstances, the instant transfer petition is allowed and civil suit No. 115 dated 25.7.2009, titled “Kamlesh Kumari versus Sonia Bharti and others” is transferred from the court of Mrs. Vipan Deep Kaur, Civil Judge (Junior Division), Hoshiarpur to court of competent jurisdiction at Kapurthala. File of the suit shall be sent by the learned trial court at Hoshiarpur to the learned District Judge, Kapurthala who shall assign the same to any court of competent jurisdiction at Kapurthala. Parties are directed to appear before the learned District Judge, Kapurthala on 14.1.2010. Nothing observed hereinbefore shall be construed as expression of opinion on merits of the suit. ( L.N. Mittal ) December 07, 2009 Judge 'dalbir'