Transfer Application No.120 of 2008. -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No.120 of 2008. Date of Order: 28.11.2008 Aman Rani ...Applicant Versus Lachman Khan ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Ms. Malkiat Mann, Advocate for the applicant. Mr. Daman Jeet, Advocate for the respondent. RAJIVE BHALLA, J (Oral). Affidavit of Aman Rani wife of Lachman Khan, filed in Court today, is taken on record. Reply by way of Affidavit of Lachman Khan son of Harnek Khan, filed in Court today, is taken on record. Prayer in this application is for transfer of a Civil Suit dated 30.11.2007 (Annexure P-3), titled as “Lachman Khan v. Aman Rani”, pending before the Court of Additional Civil Judge (Senior Division), Talwandi Sabo to the Court of Civil Judge (Senior Division), Barnala. Counsel for the applicant submits that the applicant has to look after the welfare of her minor daughter aged 5 years. In addition, the respondent is facing trial in a case pending under Sections 498-A, 406, 323,34 of the Indian Penal Code before the Judicial Magistrate Ist Class, Barnala. The applicant has also filed an application under Section 125 of the Code of Criminal Procedure before the aforementioned Court. It is submitted that in view of the aforementioned facts, the suit filed by the respondent, claiming that he has divorced the applicant, be transferred to a Transfer Application No.120 of 2008. -2- Court of competent jurisdiction at Barnala. Counsel for the respondent, on the other hand, submits that he is a Class-IV employee and the transfer of the case would entail expense that he can ill afford. It is also submitted that he apprehends danger to his person, in case he has to travel to Barnala. I have heard counsel for the parties and am of the considered opinion that in view of the facts referred to hereinabove, the case titled as “Lachman Khan v. Aman Rani”, pending before the learned Additional Civil Judge (Senior Division), Talwandi Sabo, should be transferred to a court of competent jurisdiction at Barnala. As is apparent from the affidavit filed by the applicant, she has to look after the welfare of her minor daughter aged 5 years. In addition, the respondent is already defending two cases instituted by the applicant at Barnala. The respondent's apprehension that he would be physically harm, appears to be incorrect as he is already appearing before the courts at Barnala and has not expressed any such apprehension earlier. Even otherwise, in case of any such apprehension, he would be at liberty to approach the Senior Superintendent of Police for redressal of his grievances, if any. In view of what has been stated hereinabove, the present application is allowed and the Civil Suit dated 30.11.2007 (Annexure P-3), titled as “Lachman Khan v. Aman Rani”, pending before the Court of Additional Civil Judge (Senior Division), Talwandi Sabo, is transferred to the Court of Additional District and Sessions Judge, Barnala. The Additional Civil Judge (Senior Division), Talwandi Sabo, shall forthwith forward the file of the Civil Suit titled as “Lachman Khan v. Aman Rani” to the Court of Additional District and Sessions Judge, Barnala, who shall upon receipt of the file decide the petition himself or entrust it to a court of competent jurisdiction. Transfer Application No.120 of 2008. -3- Parties are directed to appear before the Court of District Judge, Kapurthala, on 24.12.2008. November 17, 2008 (RAJIVE BHALLA) nt JUDGE