IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No.423 of 2010 (O&M) Date of decision:02.12.2010 Gurjeet Kaur ....Petitioner versus Hari Singh ...Respondent CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Vivek Suri, Advocate, for the petitioner. Mr. B.S.Bhalla, 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 at the instance of the wife for transfer of proceedings on the ground that her husband is in bakshi khana and is threatening the petitioner of her physical safety. She has also contended that she has a boy, aged 13 ½ years, and it will be difficult for her to go from Patiala to Moga. I cannot take to be a relevant fact at all for a transfer. It is too easy to say that the respondent threatens the petitioner. She is entitled to make a representation in Court if any such threat exists and the Court shall ensure that the parties have a level playing field and the case is conducted in a congenial atmosphere for both parties to adduce evidence without any form of threat. The counsel appearing on behalf of the respondent assures that he will duly counsel his party and Transfer Application No.423 of 2010 (O&M) - 2- that there should be no ground to suspect that he would use any threat against the wife to appear in Court. 2. Taking the assurance of the counsel appearing on behalf of the respondent, I dispose of the transfer application with a direction that if the wife complains of any apprehension for safety of herself for witness, it shall be the duty of the Court before which the case is pending to give appropriate directions and ensure that trial takes place in accordance with law. The applicant shall also be at liberty to apply to the Court for due provision for travelling allowances for every effective date of hearing and it shall also be duly considered and if need be, the Court shall make provision also for any one that may accompany as an escort for the applicant. 3. The application is disposed of. (K.KANNAN) JUDGE 02.12.2010 sanjeev