Transfer Application No. 63 of 2007 Present: Mr. Jaswinder Singh Arora, Advocate for the applicant. Mr. Pankaj Bali, Advocate for the respondent. *** The applicant-wife, has filed this application for transfer of the divorce petition titled as 'Deepak Malhotra v. Pooja' pending in the Court of Shri Surinder Gupta, District Judge, Fatehgarh Sahib, to any court of competent jurisdiction at Ludhiana. Counsel for the applicant submits that the applicant has to look after her minor daughter aged 4 years. She has lodged F.I.R.No.302 under Sections 406, 498A, 506 IPC at Police Station Civil Line, District Ludhiana. The trial arising from the FIR is pending before a Court at Ludhiana. An application filed under Section 125 Cr.P.C. is pending at Ludhiana. The applicant apprehends danger from the respondent, if she travels to Fatehgarh Sahib to attend Court. It is submitted that the respondent made about 44 threatening calls to the applicant on 11.12.2005 and has even otherwise issued threats against the applicant. It would be inconvenient for the applicant to leave the minor child at Ludhiana and travel to Fathegarh Sahib. Counsel for the respondent, however, submits that there is no danger to the applicant at Fatehgarh Sahib. The distance between Fatehgarh Sahib and Ludhiana is approximately 50 Kms. No inconvenience would be caused to the applicant, if she has to defend the divorce petition at Fatehgarh Sahib. It is further submitted that the applicant does not have to travel to Fatehgarh Sahib on each and every date and, therefore, her assertion of inconvenience is fanciful. It is further submitted that as regards the allegation of threatening calls, they were considered while granting anticipatory bail to the respondent and were found to be incorrect. Transfer Application No. 63 of 2007 -2- I have heard counsel for the parties and perused the paper book. Admittedly, the petitioner has to look after a minor daughter aged 4 years. Though, she may not have to travel on every date to Fatehgarh Sahib, but in view of nature of the bitter litigation between the parties, the applicant's apprehension for her safety may not be entirely unfounded, it would be appropriate that the divorce petition be transferred to the competent Court of jurisdiction at Ludhiana. As noticed herein above, the respondent is facing trial in FIR No.302 under Sections 406, 498A, 506 IPC etc. and is defending a petition under Section 125 Cr.P.C. at Ludhiana. It would, therefore, be appropriate that all disputes arising inter-parties from this acrimonious matrimonial dispute be decided and adjudicated at Ludhiana. In view of what has been stated herein above, the application is allowed. The trial of the divorce petition titled 'Deepak Malhotra v. Pooja' pending in the Court of Shri Surinder Gupta, District Judge, Fatehgarh Sahib is transferred to the District & Sessions Judge, Ludhiana. The District Judge, Fathegarh Sahib, shall forthwith forward the file of the aforementioned case to the Court of the District & Sessions Judge, Ludhiana, who shall upon receipt of the file either deal with the matter himself or transfer it to a Court of competent jurisdiction at Ludhiana. Parties are directed to appear before the District & Sessions Judge, Ludhaian, on 29.09.2008. August 26, 2008 (RAJIVE BHALLA) nt JUDGE