Transfer Application No.120 of 2008. -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Transfer Application No.120 of 2008.
Date of Order: 28.11.2008
Aman Rani ...Applicant
Versus
Lachman Khan ..Respondent
CORAM: HON’BLE MR. JUSTICE RAJIVE BHALLA
Present: Ms. Malkiat Mann, Advocate
for the applicant.
Mr. Daman Jeet, Advocate
for the respondent.
RAJIVE BHALLA, J (Oral).
Affidavit of Aman Rani wife of Lachman Khan, filed in Court
today, is taken on record.
Reply by way of Affidavit of Lachman Khan son of Harnek Khan,
filed in Court today, is taken on record.
Prayer in this application is for transfer of a Civil Suit dated
30.11.2007 (Annexure P-3), titled as “Lachman Khan v. Aman Rani”,
pending before the Court of Additional Civil Judge (Senior Division),
Talwandi Sabo to the Court of Civil Judge (Senior Division), Barnala.
Counsel for the applicant submits that the applicant has to look
after the welfare of her minor daughter aged 5 years. In addition, the
respondent is facing trial in a case pending under Sections 498-A, 406,
323,34 of the Indian Penal Code before the Judicial Magistrate Ist Class,
Barnala. The applicant has also filed an application under Section 125 of
the Code of Criminal Procedure before the aforementioned Court. It is
submitted that in view of the aforementioned facts, the suit filed by the
respondent, claiming that he has divorced the applicant, be transferred to a
Transfer Application No.120 of 2008. -2-
Court of competent jurisdiction at Barnala.
Counsel for the respondent, on the other hand, submits that he is
a Class-IV employee and the transfer of the case would entail expense that
he can ill afford. It is also submitted that he apprehends danger to his
person, in case he has to travel to Barnala.
I have heard counsel for the parties and am of the considered
opinion that in view of the facts referred to hereinabove, the case titled as
“Lachman Khan v. Aman Rani”, pending before the learned Additional
Civil Judge (Senior Division), Talwandi Sabo, should be transferred to a
court of competent jurisdiction at Barnala. As is apparent from the affidavit
filed by the applicant, she has to look after the welfare of her minor
daughter aged 5 years. In addition, the respondent is already defending
two cases instituted by the applicant at Barnala. The respondent’s
apprehension that he would be physically harm, appears to be incorrect as
he is already appearing before the courts at Barnala and has not
expressed any such apprehension earlier. Even otherwise, in case of any
such apprehension, he would be at liberty to approach the Senior
Superintendent of Police for redressal of his grievances, if any.
In view of what has been stated hereinabove, the present
application is allowed and the Civil Suit dated 30.11.2007 (Annexure P-3),
titled as “Lachman Khan v. Aman Rani”, pending before the Court of
Additional Civil Judge (Senior Division), Talwandi Sabo, is transferred to
the Court of Additional District and Sessions Judge, Barnala. The
Additional Civil Judge (Senior Division), Talwandi Sabo, shall forthwith
forward the file of the Civil Suit titled as “Lachman Khan v. Aman Rani”
to the Court of Additional District and Sessions Judge, Barnala, who shall
upon receipt of the file decide the petition himself or entrust it to a court of
competent jurisdiction.
Transfer Application No.120 of 2008. -3-
Parties are directed to appear before the Court of District Judge,
Kapurthala, on 24.12.2008.
November 17, 2008 (RAJIVE BHALLA) nt JUDGE