Crl.
Misc.
not M- 6665 o”
1. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.
Misc.
not M- 6665 of 2013 Date of decision:01.03.2013 Surinder Kaur ..Petitioner versus Navjot Kaur ..Respondent -- Present:- Mr.Vikas Cuccria, Advocate for the petitioner.
-- Vijender Singh Malik, J Surinder Kaur, the petitioner has brought this petition under the provisions of section 407 Cr.P.C.with a prayer for transfer of petition filed under Protection of Women from Domestic Violence Act, 2005, bearing No.3881 of 2011 from the court of Shri Ajit Pal Singh, Civil Judge (Senior Division).Chandigarh before whom it is pending to a competent court at Jalandhar.
Learned counsel for the petitioner drew my attention to para no.7 of the petitioner where the case is made out for transfer.
It is mentioned therein that in view of the age and duties of the petitioner, as Head of Department of a College, it is very difficult for her to travel every time from Jalandhar to Chandigarh to attend the litigation before the trial court.
She also claimed that she has to spend at least two days in Chandigarh and has to go through a lot of harassment.
Crl.
Misc.
not M- 6665 o”
2. Admittedly, neither there is any allegation in the petition that the court at Chandigarh lacks jurisdiction to entertain the petition, not there is any allegation of any bias on the part of the court against the petitioner.
If the petitioner has to travel to attend the hearing from Jalandhar to Chandigarh, the situation would be the same for the other party if the case is transferred from Chandigarh to Jalandhar.
In that event the applicant would have to travel from Chandigarh to Jalandhar to attend the hearing and the applicant being a woman who has claimed to have suffered domestic violence, the aforesaid harassment to her would not be justifiable.
In these circumstances, I do not find any ground for transfer of the petition from the court at Chandigarh to a court at Jalandhar.
The petition is, consequently, dismissed.
March 01, 2013 ( Vijender Singh Malik ) dinesh Judge