Allowed

Paramjit Kaur v. Gurlal Singh Pirzada

Punjab & Haryana HC31 Jan 2012TA/102/2010

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a transfer application under CrPC Section 407. A maintenance case filed by a wife ousted from her matrimonial home was transferred from Bathinda to Panchkula to ensure her convenience while caring for her children, as she resided in Panchkula and faced harassment from the respondent.

What did the court decide?

Petition under Section 125 CrPC withdrawn from Court of Judicial Magistrate, Bathinda; case transferred to competent court at Panchkula; case records directed to be sent within two weeks.

Paramjit Kaur Vs Gurlal Singh Pirzada — Service and Employment | Punjab & Haryana HC (2012)

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TA No.102 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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TA No.102 of 2010 Date of decision: 31.1.2012

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Paramjit Kaur and others

....Applicants

Versus

Gurlal Singh Pirzada

...Respondent

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.Pawan Dabla, Advocate for the applicants.

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Mr.Vikas Kumar, Advocate for the respondent

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Jitendra Chauhan, J.(Oral)

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The present application under Section 407 of the Code of Criminal Procedure has been filed by the applicant-wife, seeking transfer of the case titled as “Paramjit Kaur Pirzada and others vs. Shri Gurlal Singh Pirzada” filed under Section 125 of the Code of Criminal Procedure, from the Court of learned Judicial Magistrate, 1^st Class, Bathinda to the court of competent jurisdiction at Panchkula.

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I have heard the learned counsel for the parties and perused the

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case file.

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From the perusal of the case file, it emerges that the applicant after having been ousted from the matrimonial home, is presently residing at Panchkula. She is maintaining the two young school going children born out of the wedlock. There are averments of beatings and harassment of the

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TA No.102 of 2010 2

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applicant by the respondent. She apprehends threat to the life and liberty at the hands of the respondent. In the petition filed by the husband, trial should be conducted at the court which is least inconvenient to the wife. Thus, the convenience of the wife cannot be ignored. In the circumstance, it would certainly be difficulty for the wife, saddled with the responsibility of raising the two young children, to attend the court proceedings at Bathinda, which is at a distance of about 260 Kms.

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Considering the fact that the applicant is presently residing at Panchkula; primarily the convenience of the wife is to be seen, therefore, the balance of convenience is in favour of the applicant-wife and against the respondent-husband.

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In view of the above, the instant transfer application is allowed. Petition under Section 125 of the Code of Criminal Procedure titled as “Paramjit Kaur Pirzada and others vs. Shri Gurlal Singh Pirzada” is withdrawn from the Court of learned Judicial Magistrate, 1^st Class, Bathinda and transferred to the court of competent jurisdiction at Panchkula. The complete record pertaining to the case in question shall be sent by the trial court at Bathinda to the learned District Judge, Panchkula within two weeks from the date of receipt of the certified copy of this order. The learned District Judge, Panchkula will either dispose it of himself or entrust it to any court of competent jurisdiction at Panchkula

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The parties shall appear before the court of learned District Judge, Panchkula on 6.3.2012 at 10 AM.

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(JINTENDRA CHAUHAN) JUDGE

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31.1.2012 gsv

Paramjit Kaur v. Gurlal Singh Pirzada

Case brief

What is this about?

What did the court decide?

Paramjit Kaur v. Gurlal Singh Pirzada

Case brief

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