RUPINDER SINGH Vs. KIRAN

JUDGEMENT

(1.) Prayer in this transfer petition filed by petitioner husband is for transfer of the Civil Suit No.973 of 2019 titled as'Kiran vs. Rupinder Singh &anr.', filed by respondent No.1-wife pending in the Court of Civil Judge, Junior Division, Gurdaspurto a court of competent jurisdiction atLudhiana.The said Suit is'for Mandatory Injunction directing the defendants to return the articles of the plaintiff as mentioned and detailed in the Annexure'A' attached'.

(2.) Learned counsel for the petitionersubmits that the petitioner is suffering from brain cancer, and it is impossible for him to travel. Ld. Counsel refers to Annexures P2 to P5, which is medical and treatment record of the petitioner, who is diagnosed as a case of OigodandrogliomaGrade-II, and submits thatthe petitioner has had multiple episodes of seizures and after surgery, the petitioner is undergoing follow-up treatment in form of radiotherapy et cetera. It is submitted that the petitioner has been advised not to take the stress of work or travel. It is submitted that accordingly, the petitioner cannot undertake the long-distance travel entailed in the present case, as distance between Gurdaspur to Ludhiana is 165 kms. (one side).

(3.) Learned counsel for respondent No.1 submits that father of the petitioner is practicing advocate in Ludhiana and therefore, the petitioner is apprehending danger at the hands of the petitioner and his family members at Ludhiana. Further submitted that a compromise has already been effected between the parties on 21/6/2019, and the petitioner has filed the present petition only to embroil the respondent in further litigations.It is also stated that the following cases are also pending between the parties at Gurdaspur:-