Home > Judgement > Transfer petition of wife rejected citing “A transfer should not readily be granted for any fancied notion of a litigant.”

Transfer petition of wife rejected citing “A transfer should not readily be granted for any fancied notion of a litigant.”

Punjab-Haryana High Court
Harjinder Kaur vs Narinder Singh Mangat on 4 January, 2012
TA No.601 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

TA No.601 of 2011

Date of decision: 4.1.2012

Harjinder Kaur

….Applicant

Versus

Narinder Singh Mangat

…Respondent

CORAM: HON’BLE MR.JUSTICE JITENDRA CHAUHAN

Present: Mr.Gopal Sharma, Advocate for the applicant. Mr.Arvind Kashyap, Advocate for the respondent *****

Jitendra Chauhan, J.(Oral)

The present application under Section 24 of the Code of Civil Procedure has been filed by the applicant/wife, seeking transfer of the petition titled as `Narinder Singh Mangat vs. Harjinder Kaur’, filed by the respondent/husband under Section 11 of the Hindu Marriage Act, 1955, (for short `the Act’) from the court of learned Additional District Judge, Fatehgarh Sahib, to any other court of competent jurisdiction at Mohali. I have heard the learned counsel for the parties and perused the case file.

There is no force in the arguments of the learned counsel for the applicant. She has not lodged any complaint regarding demand of dowry etc. As per the reply filed on behalf of the respondent, the applicant has filed a civil suit, which is pending at Fatehgarh Sahib. She has filed a petition under Section 125 Cr.P.C. at Fategarh Sahib as well as a complaint TA No.601 of 2011 2 under the Protection of Women from Domestic Violence Act, which are pending at Fatehgarh Sahib. Apart from this, the daughter of the applicant is studying at Sanghol, District Fatehgarh Sahib. The averment of the applicant that the brother of the respondent is a lawyer at Fatehgarh Sahib, has no force as it has not been pointed out as to how the brother of the respondent can influence the administration of justice, nor any instance of any attempt on his part to influence the court, has been cited. Mere presumption or apprehension is not sufficient for a case to be transferred. A transfer should not readily be granted for any fancied notion of a litigant. The yardstick is “in the interest of justice”. The applicants should repose confidence in judicial process. The apprehension of the applicant is baseless and deserves to be rejected. Moreover, the distance between Fatehgarh Sahib and Mohali is merely 35 Kms. No sufficient ground is made out to transfer the case. In view of the above, the present application is dismissed. However, the respondent is directed to pay the travelling expenses to the applicant, which is quantified at `15,00/- per visit, only in the petition titled as ‘Narinder Singh Mangat vs. Harjinder Kaur’, filed by the respondent/husband under Section 11 of the Hindu Marriage Act, 1955, (for short `the Act’) pending in court of learned Additional District Judge, Fatehgarh Sahib.

4.01.2012 (JITENDRA CHAUHAN) gsv JUDGE

http://indiankanoon.org/doc/198803983/

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