Punjab-Haryana High Court
Jasbir Kaur And Another vs Maninder Kaur And Others on 21 September, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
Crl.M.No.M-29519 of 2012(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl.M.No.M-29519 of 2012(O&M)
Date of Decision: September 21, 2012
Jasbir Kaur and another
.....Petitioners
v.
Maninder Kaur and others
......Respondents
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.R.S.Athwal, Advocate
for the petitioners.
......
RAM CHAND GUPTA, J.(Oral)
The present petition filed under Section 407 Cr.P.C. is for transfer of case No.120/2.1.2012, titled as Maninder Kaur v. Jasbir Kaur and others, pending in the Court of learned Judicial Magistrate Ist Class, Jalandhar, to another Court of competent jurisdiction at Amritsar.
Heard.
Perusal of complaint filed by respondent no.1 against present petitioners shows that the same was filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, (for short the `Act') at Jalandhar as respondent no.1-complainant used to reside there, at the time of filing of the complaint.
It has been contended by learned counsel for the petitioners that they have already appeared before learned trial Court and, however, the case is fixed for appearance of co-accused.
Transfer of a case from Jalandhar to Amritsar is sought mainly on the ground that petitioners are old persons and they are residing at Crl.M.No.M-29519 of 2012(O&M) -2- Amritsar and that some civil litigation is also pending at Amritsar. However, in a case filed by wife under Section 12 of the Act, convenience of complainant-wife is to be seen and not that of the respondents.
Hence, in view of these facts, no case for transfer of case from Jalandhar to Amritsar is made out. The present petition is dismissed being devoid of any merit.
21.9.2012 (Ram Chand Gupta) meenu Judge