TA Nos.568 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.568 of 2011 Date of decision : 18.11.2011 Surinder Kaur and another ...Applicants Versus Vijay Singh and others ...Respondents CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: None. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred by the applicants under Section 24 of the Code of Civil Procedure, praying for the transfer of the Civil Suit No.426/26.08.2011 titled as ‘Vijay Singh etc. Vs. Surinder Kaur and anr.’, from the Court of learned Civil Judge, Junior Division, Barnala, to the Court of competent jurisdiction at Panchkula. 2. There is no assistance on behalf of the parties. 3. A perusal of the file reveals that the applicants are married to respondent Nos.1 and 2, respectively. It is alleged that soon after the marriage, the applicants were harassed and given beatings by the in- laws’ family on account of demand of dowry. Several complaints were lodged before the Police authorities, out of which one is attached as TA Nos.568 of 2011 2 Annexure P1. The matter was also referred to the Women Cell and the Punjab Human Rights Commission. 4. It is further averred that as a counterblast to the aforesaid proceedings, separate petitions under Section 9 of the Act have been filed by respondent Nos.1 and 2 at Barnala. On the other hand, the respondents have filed the civil suit for direction to the applicants for recovery of their articles lying in the matrimonial home. 5. Hon'ble the Supreme Court in Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC), has observed as under:- “…we are mindful of the fact that the petitioner is a lady and first respondent is a male, and, therefore, convenience- wise, a transfer to the place where the lady is residing, would be preferred by this Court unless it is shown that there are special reasons not to do so. No such special reason is shown.” 6. The applicants are residing at Panchkula. The respondents have preferred the civil suit at Barnala. It would certainly be difficult for the applicants, living at the mercy of their parents, saddled with the responsibility of raising their minor children and having no source of income, to attend the court proceedings at Barnala, which is at a distance of about 200 kms. from the place of their residence. 7. This Court, in TA Nos.544 and 545 of 2011, the petitions under Section 9 of the Act filed by respondent Nos.1 and 2 against the applicants, were ordered to be transferred to Panchkula from Barnala, TA Nos.568 of 2011 3 vide order of even date. 8. In view of the above, the instant transfer application is allowed and Civil Suit No.426/26.08.2011 titled as ‘Vijay Singh etc. Vs. Surinder Kaur and anr.’, is transferred from the Court of learned Civil Judge, Junior Division, Barnala, to the Court of competent jurisdiction at Panchkula. The entire record pertaining to the civil suit shall be sent by the trial Court at Barnala to the learned District Judge, Panchkula, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Panchkula. 9. The parties shall appear before the learned District Judge, Panchkula, on 17.12.2011 at 10.00 a.m. 18.11.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No