IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No.348 of 2009 (O&M) Date of decision:26.10.2010 Neena Kumari ....Petitioner versus Rakesh Kumar ...Respondent CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. H.S. Dhindsa, Advocate, for the petitioner. Mr. Johny Goel, Advocate, for Mr. Sanjiv Gupta, Advocate, for the respondent. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J. (Oral) 1. The application is for transfer of the proceedings filed by the husband for restitution at the District Court at Chandigarh. The wife resides at Ludhiana and states that she had already filed complaint of dowry harassment and a case had been registered in 2005 and is pending at Ludhiana. It is further stated that there is also a petition for maintenance under Section 125 Cr.P.C. She pleads that she has a minor child as an additional ground to state that it is inconvenient for her to travel from Ludhiana to Chandigarh for every hearing. 2. The husband contests the plea and states that the dowry harassment case is false and that even the claim for maintenance is Transfer Application No.348 of 2009 (O&M) - 2 - unjustified, for, he is prepared to take her back at any time. It is further contended that the minor child is a child born to the divorced husband of the wife and the child is now of 11 years of age and no serious inconvenience would be stated to exist for the wife. 3. It must be noticed that the petition for restitution of conjugal rights itself has been filed by the husband at Chandigarh only after a complaint was registered against the husband and after the proceedings in the Criminal Court got underway. I see justification for the claim of the wife to seek for a transfer and I order the withdrawal of the proceedings from the District Court at Chandigarh to be transferred to the District Court at Ludhiana. The application is allowed. 4. Parties are directed to appear before the District Court at Ludhiana on 26.11.2010. (K.KANNAN) JUDGE 26.10.2010 sanjeev