IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 369 of 2010 (O&M) Date of decision: 18.10.2011 Jaspreet Kaur ....Applicant Versus Paramjit Kaur and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.HNS Gill, Advocate for the applicant Mr.Rajiv Anand, Advocate for respondent No.1. Mr.RK Chugh, Advocate for respondent Nos. 2 to 4. ***** Jitendra Chauhan, J.(Oral) CM Nos. 23566-67 CII of 2011 Applications are allowed as prayed for. TA No. 369 of 2010 The present application under Section 24 of the Code of Civil Procedure has been filed by the applicant seeking transfer of the suit titled as 'Paramjit Kaur vs. Jaspreet Kaur' filed by respondent No.1, from the court of learned Civil Judge (Junior Division), Bathinda to the court of competent jurisdiction at Ludhiana. Brief facts of the case are that the husband of the applicant was serving as Sepoy in the Indian Army. He died in an accident. Thereafter, respondent No.1/ mother-in-law of the applicant filed the petition for claiming pension, gratuity, ex-gratia grant, provident fund and other financial benefits claiming herself to be the sole heir. TA No. 369 of 2010 (O&M) -2- I have heard learned counsel for the parties and have gone through the case file carefully. From the perusal of the case file, it emerges that the applicant was the legally wedded wife of the deceased Jasbir Singh, who was the son of the respondent No.1-Paramjit Kaur. It is also proved on record from Annexures P-3, marriage certificate and Annexure P-4, marriage photographs that the marriage of the applicant was solemnized with deceased Jasbir Singh on 4.12.2006. After the death of her husband, she was turned out from her matrimonial home and now she is residing at village Katahari, Tehsil Payal, District Ludhiana. She has no source of income. Moreover, learned counsel for the respondent No.1 has not been able to prove on record that the applicant has got remarried. Keeping in view the above facts, the instant transfer application is allowed and the suit titled as ‘Paramjit Kaur vs. Jaspreet Kaur' is withdrawn from the Court of learned Civil Judge (Junior Division), Bathinda, and is transferred to the court of competent jurisdiction at Ludhiana. The complete record pertaining to the suit in question shall be sent by the trial Court at Bathinda, to the learned District Judge, Ludhiana, within two weeks from the date of receipt of a copy of this judgment. The learned District Judge, Ludhiana will entrust it to any Court of competent jurisdiction. The parties shall appear before the Court of District Judge, Ludhiana, on 26.11.2011 at 10 AM. 18.10.2011 (JITENDRA CHAUHAN) gsv JUDGE