TA No.394 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.394 of 2011 Date of decision:24.8.2011 Mandeep Kaur ...Applicant Versus Simranjeet Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.A.S.Cheema, Advocate, for the applicant. Mr.Kulwant Singh, Advocate, for the respondent. -.- JITENDRA CHUAHAN, J. The present application has been preferred by the applicant- wife for transfer of the petition titled as `Simranjeet Singh Versus Mandeep Kaur' under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act') pending in the court of learned District Judge, Karnal to the court of competent jurisdiction at Sangrur. Learned counsel for the applicant submits that the applicant suffers from insanity and epilepsy. He further contends that the applicant has no source of income. On the other hand, learned counsel for the respondent has TA No.394 of 2011 2 submitted that there is apprehension to the life and liberty of the respondent at the hands of the family members of the applicant. He also submits that the real brother of the applicant and her uncles are already involved in a case i.e. FIR No.584 dated 10.12.2010 registered under Sections 302, 325, 120-B etc. IPC at P.S. Sadar, Patiala. I have heard the learned counsel for the parties. From the perusal of case file, it emerges that the applicant is suffering from insanity and epilepsy, which is not disputed. She has no source of income. The distance between two stations is about 150 kms. As per the challan filed in the said FIR, none of the family members of the applicant has been named. There is no force in the contention of the learned counsel for the respondent that there is apprehension to the life and liberty of the respondent at the hands of the family members of the applicant as the respondent has failed to bring any document on record to suggest that the life and liberty of the respondent is endangered at the hands of the family members of the applicant. Keeping in view the status of the health of the applicant, it would not be appropriate to continue the trial at Karnal. Accordingly, the present application is allowed. The petition titled as `Simranjeet Singh Versus Mandeep Kaur' under Section 12 of the Act is withdrawn from the court of learned District Judge, Karnal and is transferred to the court of competent jurisdiction at Sangrur. File of the petition in question shall be sent by the trial Court at Karnal to the District Judge, Sangrur, within two weeks from the date of receipt of copy of this order. The learned District TA No.394 of 2011 3 Judge, Sangrur, shall either dispose it of himself or entrust it to any court of competent jurisdiction. The parties are directed to appear before the District Judge, Sangrur on 24.9.2011. 24.8.2011 (JITENDRA CHAUHAN) mks JUDGE