TA6122013 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH TA6122013 Date of decision:01/10/2013 Harvinder Kaur .............Petitioner v.
Bhupinder Singh .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Lokesh Sharma,Advocate for the petitioner.
Jaswant Singh,J.(Oral) Petitioner wife is seeking transfer of a suit for perpetual injunction filed by respondent/husband seeking to restrain the petitioner and one Madhva Nand, SI, PS Kotwali,Nabha from creating disturbance in his peaceful life and extending threats of false implication in dowry case/malicious prosecution, from the Court of learned Additional Civil Judge (Senior Division)Nabha to Sangrur.
Marriage between the parties was solemnised on 2.12.2010 at Sangrur and the parties cohabited as husband and wife at Nabha.
A son was born out of this wedlock in the end of 2011.
It is further stated that due to matrimonial dispute the petitioner was turned out of matrimonial home in July 2011 and presently she is staying alongwith Joshi Rajinder Prashad 2013.10.01 16:41 I attest to the accuracy of this Order.
High Court, Chandigarh.
TA6122013 2 minor son at her parental home at Sangrur, where she has filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act,2005 as also an FIR on 16.7.2013 against the husband under Sections 406/498-A IPC.
The grounds for transfer sought are that the petitioner wife is a poor lady and it is extremely difficult for her to travel from Sangrur to Nabha alongwith her 1-½ years old son to pursue the aforesaid proceedings at Nabha.
After hearing the learned counsel for the petitioner, I find no ground to accept the prayer of the petitioner wife.
It cannot be disputed that the distance between Sangrur and Nabha is 44 kilometers and is otherwise well connected by road and State Transport facility.
It also cannot be disputed that the wife in the pending proceedings is not required to be present on each and every date.
It also is not disputed that the wife has her parents to look after the minor son on the dates she has to be present at Nabha.
It is also conceded that the petitioner is an educated lady and earlier employed as a Teacher.
Facts thus cumulatively taken, do not warrant a case for accepting the prayer of the petitioner for transfer.
Dismissed.
01.10.2013.
(Jaswant Singh) joshi Judge Joshi Rajinder Prashad 2013.10.01 16:41 I attest to the accuracy of this Order.
High Court, Chandigarh.