NEELAM KANWAR Vs. DEVINDER SINGH KANWAR

JUDGEMENT

(1.) Learned Counsel for the respondent submits that the averments in paragraph 6 of the preliminary objections may be treated as deleted.

(2.) We heard the Counsel for all parties at length. The transfer prayed for is in respect of Criminal Complaint No. 68 of 1994 pending before the Court of chief Judicial Magistrate, First Class, u. T. Chandigarh. That complaint was filed under Section 500 of the Indian Penal Code. by the first respondent's father (who is admittedly no more now). The first respondent submits that he wants to pursue the complaint. An argument has been addressed that first respondent has no right to pursue the complaint. We do not express any opinion on that aspect now since that can be raised before the Court where the case would be pending.

(3.) The petitioner is the wife of the first respondent. Second respondent is the father of the petitioner and third respondent is the sister of the petitioner. In the complaint, second and third respondents were also arraigned as accused. According to the petitioner, she is residing in Mumbai and therefore, it is greatly inconvenient for her to go all the way to Chandigarh for defending this action against her. Hence, it is prayed that the case may be transferred to the Court of Chief Judicial Magistrate, Mumbai.