SHELJA Vs. RAJINDER BAJAJ

JUDGEMENT

(1.) Petitioner No.1-wife has filed the present petition for transfer of complaint No. 283/2017 filed by the petitioners against the respondent under Ss. 12, 19, 20, 22 and 23 of Protection of Women from Domestic Violence Act, 2005, titled as 'Shelja and another vs. Rajinder Bajaj' (Annexure P-1), pending in the Court of learned Judicial Magistrate, UT Chandigarh to a Court of competent jurisdiction at Kurukshetra.

(2.) Learned counsel for the petitioners has argued that earlier petitioner no.1 as well as his daughter was staying at Chandigarh in the house of the respondent and they have been thrown out from there by the respondent in the month of March, 2018. They are now residing at Kurukshetra. It is further argued that the connected T.A. No. 44 of 2019, filed by petitioner No.1 against the respondent for transfer of petition filed under Sec. 13 of the Hindu Marriage Act, 1955, pending in the Court of learned Additional District Judge, UT Chandigarh has already been transferred to Kurukshetra, by a co-ordinate Bench vide order dtd. 4/4/2019. He further argued that it would be difficult for petitioner no.1 alongwith her minor daughter to travel from Kurukshetra to Chandigarh to attend the dates of hearing in the Court there.

(3.) Keeping in view the averments in the petition and submissions made by learned counsel for the petitioners as well as the fact that the petition filed by the petitioner No.1 under Sec. 13 of the Hindu Marriage Act, 1955 before learned Additional District Judge, UT Chandigarh has already been transferred by a co-ordinate Bench of this Court, vide order dtd. 4/4/2019, I find merit, in absence of any strong circumstance to the contrary, it would be proper and appropriate, if the petition is accepted. The same is accordingly allowed. The petition in question is ordered to be withdrawn from the Court of Judicial Magistrate, UT Chandigarh and transferred to learned Chief Judicial Magistrate, Kurukshetra, who may assign it to any competent Court. Copies of orders be sent to both the Courts for information and necessary compliance.