CRM-M-16637 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 112 Manjit Kaur and another Ranbir Kaur CORAM : HON'BLE MR Present: Mr. for the petitioner *** NAMIT KUMAR 1. The present petition Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 transfer of case titled as No.COMA/63/2024 Class, Fatehgarh Sahib to the learned trial Court at Patiala. 2. In brief, the facts are that marriage of respondent solemnized with petitioner No.2 rites and ceremonies and out of the said wedlo Simarpreet Singh was born on 17.09.2005. Thereafter on 20.09.2024, respondent has filed a complaint 18, 19, 20 and 22 of the Protection of the Women from Domestic Violence Act, 2005 against t Court of learned Judicial Magistrate 1 trial Court at Patiala. 16637-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of Decision:2 Manjit Kaur and another Versus HON'BLE MR. JUSTICE NAMIT KUMAR Mr. Pratham Sethi, Advocate for the petitioners. *** NAMIT KUMAR, J. (ORAL) The present petition has been filed under Section 447 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 transfer of case titled as Ranbir Kaur Vs. Harwinder Singh No.COMA/63/2024 pending before the Court of Class, Fatehgarh Sahib to the learned trial Court at Patiala. In brief, the facts are that marriage of respondent solemnized with petitioner No.2-Hawinder Singh rites and ceremonies and out of the said wedlo Simarpreet Singh was born on 17.09.2005. Thereafter on 20.09.2024, respondent has filed a complaint case No.COMA/63/2024 18, 19, 20 and 22 of the Protection of the Women from Domestic Violence against the petitioners, which is sought to be transferred from the Court of learned Judicial Magistrate 1st Class, Fatehgarh Sahib to the learned trial Court at Patiala. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M-16637-2025 (O&M) Date of Decision:28.03.2025 ... Petitioners ... Respondent NAMIT KUMAR has been filed under Section 447 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for Ranbir Kaur Vs. Harwinder Singh bearing Court of learned Judicial Magistrate 1st Class, Fatehgarh Sahib to the learned trial Court at Patiala. In brief, the facts are that marriage of respondent-Ranbir Kaur was Hawinder Singh on 04.12.2004 as per Sikh rites and ceremonies and out of the said wedlock, a male child namely Simarpreet Singh was born on 17.09.2005. Thereafter on 20.09.2024, case No.COMA/63/2024 under Sections 12, 18, 19, 20 and 22 of the Protection of the Women from Domestic Violence sought to be transferred from the Class, Fatehgarh Sahib to the learned has been filed under Section 447 read with praying for bearing st was on 04.12.2004 as per Sikh ck, a male child namely Simarpreet Singh was born on 17.09.2005. Thereafter on 20.09.2024, under Sections 12, 18, 19, 20 and 22 of the Protection of the Women from Domestic Violence sought to be transferred from the Class, Fatehgarh Sahib to the learned PANKAJ KUMAR 2025.04.03 18:28 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M-16637 3. Learned counsel for the practicing lawyer in t may use her personal/professional influence against the petitioners. 4. I have heard learned counsel for the record. 5. The sole argument of learned counsel for the respondent is a practicing lawyer in the District Court at Fatehgarh Sahib and therefore, there is a reasonable apprehension of bias prejudice to them Court where the proceedings under the Domestic Violence Act, 2005 are pending consideration. In the absence of any special circumstances mere presumption of possible any case from one to transfer a case from one court to another, as the the Court to be a reasonable apprehension. demonstrate any concrete reasons that trial will not be conducted in a fair and impartial manner, owing to the fact that respondent is a practicing lawyer in the same Court where the proceedings under the Protection of the Women from Domestic Violence Act, 2005 are going on. The reasons for seeking the transfer. No their favour. The petitioners have or prejudiced against them necessary, which is stated to be pending for 01.04.2025 for 16637-2025 (O&M) -2- Learned counsel for the petitioner practicing lawyer in the District Court, Fatehgarh Sahib may use her personal/professional influence against the petitioners. I have heard learned counsel for the The sole argument of learned counsel for the respondent is a practicing lawyer in the District Court at Fatehgarh Sahib and therefore, there is a reasonable apprehension of bias prejudice to them, as she may use personal or professional influence in the s Court where the proceedings under the Protection of the Women from Domestic Violence Act, 2005 are pending consideration. In the absence of any special circumstances quoted by the affected party based on concrete material, ere presumption of possible apprehension cannot any case from one court to another. A mere feeling or suspicion is to transfer a case from one court to another, as the the Court to be a reasonable apprehension. demonstrate any concrete reasons or establish will not be conducted in a fair and impartial manner, owing to the fact that respondent is a practicing lawyer in the same Court where the proceedings Protection of the Women from Domestic Violence Act, 2005 are The petitioners have not given any other sufficient grounds or reasons for seeking the transfer. No prima facie their favour. The petitioners have neither shown that the or prejudiced against them nor they have shown that necessary, which is stated to be pending for 01.04.2025 for petitioner submits that respondent is a he District Court, Fatehgarh Sahib, and, therefore, she may use her personal/professional influence against the petitioners. I have heard learned counsel for the petitioners and perused the The sole argument of learned counsel for the petitioner is that the respondent is a practicing lawyer in the District Court at Fatehgarh Sahib and therefore, there is a reasonable apprehension of biasness and favouritism or personal or professional influence in the said Protection of the Women from Domestic Violence Act, 2005 are pending consideration. In the absence of any quoted by the affected party based on concrete material, cannot be the basis of transfer of A mere feeling or suspicion is not enough to transfer a case from one court to another, as the apprehension must appear to The petitioners have failed to establish a well-founded apprehension will not be conducted in a fair and impartial manner, owing to the fact that respondent is a practicing lawyer in the same Court where the proceedings Protection of the Women from Domestic Violence Act, 2005 are ot given any other sufficient grounds or prima facie case for transfer is made out in shown that the trial Court is biased nor they have shown that the transfer of the case is necessary, which is stated to be pending for 01.04.2025 for respondent is a she and perused the petitioner is that the respondent is a practicing lawyer in the District Court at Fatehgarh Sahib and ness and favouritism or aid Protection of the Women from Domestic Violence Act, 2005 are pending consideration. In the absence of any quoted by the affected party based on concrete material, be the basis of transfer of t enough apprehension must appear to petitioners have failed to n will not be conducted in a fair and impartial manner, owing to the fact that respondent is a practicing lawyer in the same Court where the proceedings Protection of the Women from Domestic Violence Act, 2005 are ot given any other sufficient grounds or case for transfer is made out in Court is biased the transfer of the case is PANKAJ KUMAR 2025.04.03 18:28 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M-16637 filing of reply to main complaint and to the application moved by the complainant-respondent seeking release of dowry articles before the trial Court. For securing differentiated from “reasonable apprehension”. considered view that the transfer of the case is not necessary. 6. In view of the aforesaid facts and settled law, the convenience of the wife is to get the precedence Court is not inclined to use its discretionary power under Section 447 read with Section 528 of the BNSS, 2023 to transfer the case from the Court of learned Judicial Magistrate 1 Patiala, as prayed for dismissed. March 28, 2025 Pankaj* 16637-2025 (O&M) -3- filing of reply to main complaint and to the application moved by the respondent seeking release of dowry articles before the trial securing the ends of justice, “mere apprehension” has to be differentiated from “reasonable apprehension”. considered view that the transfer of the case is not necessary. In view of the aforesaid facts and the convenience of the wife is to get the precedence Court is not inclined to use its discretionary power under Section 447 read with Section 528 of the BNSS, 2023 to transfer the case from the Court of learned Magistrate 1st Class, Fatehgarh Sahib to the learned trial Court at prayed for in the instant petition and , 2025 Whether speaking/reasoned Whether reportable filing of reply to main complaint and to the application moved by the respondent seeking release of dowry articles before the trial the ends of justice, “mere apprehension” has to be differentiated from “reasonable apprehension”. Therefore, this Court is of the considered view that the transfer of the case is not necessary. In view of the aforesaid facts and circumstances and also as per the convenience of the wife is to get the precedence, therefore, this Court is not inclined to use its discretionary power under Section 447 read with Section 528 of the BNSS, 2023 to transfer the case from the Court of learned Class, Fatehgarh Sahib to the learned trial Court at and consequently, the same stands (NAMIT KUMAR) JUDGE Whether speaking/reasoned : Yes/No : Yes/No filing of reply to main complaint and to the application moved by the respondent seeking release of dowry articles before the trial the ends of justice, “mere apprehension” has to be Therefore, this Court is of the as per this Court is not inclined to use its discretionary power under Section 447 read with Section 528 of the BNSS, 2023 to transfer the case from the Court of learned Class, Fatehgarh Sahib to the learned trial Court at y, the same stands PANKAJ KUMAR 2025.04.03 18:28 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh