TA No.614 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.614 of 2011 Date of decision : 05.01.2012 Asha Rani and another ...Applicants Versus Madan Lal ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Sandeep Goyal, Advocate for the applicants. Mr. Ajit Attri, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred under Section 24 of the Code of Civil Procedure, praying for the transfer of the suit for damages titled as Madan Lal Vs. Gian Chand and another, filed by the respondent, from the Court of learned Civil Judge, Sr. Division, Patiala, to the Court of competent jurisdiction at Kaithal. 2. I have heard the learned counsel for the parties and perused the record. 3. Earlier, applicant No.1 approached this Court by filing the Transfer Application No.161 of 2008, seeking transfer of the petition under Section 9 of the Hindu Marriage Act, filed by the husband, TA No.614 of 2011 2 Lakhvinder Pal. This Court allowed the transfer application vide order dated 05.08.2008. A week thereafter, the suit for damages was filed by the respondent, who is the husband of the father's sister of the husband of the applicant No.1. The application No.1 is a housewife and is maintaining the young child born out of the wedlock between her and Lakhwinder Singh. The applicant No.2 is a retired teacher. 4. Keeping in view the fact that applicant No.1 is saddled with the responsibility of raising the young child, who is going to school at Kaithal and applicant No.2 is a senior citizen, this Court feels that the balance of convenience is in favour of the applicants and against the respondent. 5. Accordingly, the instant transfer application is allowed and the suit for damages titled as 'Madan Lal Vs. Gian Chand and another' is withdrawn from the Court of learned Civil Judge, Sr. Divn., Patiala, and is transferred to the Court of competent jurisdiction at Kaithal. The entire record pertaining to the civil suit shall be sent by the trial Court at Patiala to the learned District Judge, Kaithal, within three weeks from the date of receipt of a certified copy of this order, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Kaithal. 6. The parties, through their counsel, shall appear before the learned District Judge, Kaithal on 17.02.2012. 05.01.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No