Pankaj Miglani v. Rekha

T.A. No.760 of 2013 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No.760 of 2013 (O&M) Date of Decision.21.04.2015 Pankaj Miglani .......Petitioner

Versus

Rekha w/o Amrit Pal Singh Atwal ......Respondent

Present:

Mr. Rajesh Gupta, Advocate for the petitioner.

Mr. Ashdeep Singh, Advocate for the respondent.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) C.M. No.8137-CII of 2015 Application is allowed.

Replication is taken on record.

T.A. No.760 of 2013 1.

The petition for transfer is sought by the husband of custody proceedings which are now initiated by the divorced wife at Jallandhar. The petitioner claims that his own safety is apprehended and there is a criminal complaint already registered for offence under Section 307 IPC against the wife. The counsel appearing for the wife explains that it was an occasion where she wanted to see her child and when she showed up in Haridwar, he assaulted her and also cast grave danger to another child born through the second husband after divorce. There is PANKAJ KUMAR 2015.04.23 18:04 I attest to the accuracy and integrity of this document

T.A. No.760 of 2013 (O&M) -2hardly anything for the husband to fear, for, he is a lawyer and he hovers around with police escort at all times having taken some orders from the High Court of Uttrakhand at Nainital. I would believe that a lawyer can secure adequate protection for himself and he is so empowered by orders of the Uttrakhand High Court at Nainital. I do not think the plea of apprehension to personal safety is so overwhelmingly caused against the petitioner to require the proceedings to be transferred at any other Court.

2.

I do not think the petition is bona fide and I dismiss the transfer application.

(K. KANNAN) JUDGE April 21, 2015 Pankaj* PANKAJ KUMAR 2015.04.23 18:04 I attest to the accuracy and integrity of this document