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2012 DIGILAW 1263 (PNJ)

Jasbir Kaur v. Maninder Kaur

2012-09-21

RAM CHAND GUPTA

body2012
JUDGMENT Mr. 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. 2. Heard. 3. 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. 4. 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. 5. Transfer of a case from Jalandhar to Amritsar is sought mainly on the ground that petitioners are old persons and they are residing at 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. 6. 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.