Convenience Of Lawyer No Ground For Transferring Petition To Another Jurisdiction: P&H HC [Read Order]

"The Court is not to see the convenience of the attorney. If the attorney has got difficulty in attending the dates of hearing, the applicant can very well appoint some other person as her attorney, who can put in appearance in the Court conveniently",said Justice H.S. Madaan of the Punjab & Haryana High Court, while declining a request for transfer of the divorce petition.

In the backdrop, an application was filed by one Rubalpreet Kaur through Advocate Munish Gupta seeking transfer of the divorce petition, filed by her husband, the Respondent herein, against her. The divorce petition was pending in the Court of District Judge, Sangrur. The Applicant submitted that she was finding it difficult to get the services of a lawyer at Sangrur, because the father of the Respondent was an influential senior advocate in Sangrur. Accordingly, she hired the services of an Advocate from Patiala and in this regard, she sought transfer of the case to Patiala, to ease her attorney.

"Merely because respondent's father is a Senior Advocate at Sangrur does not mean that he is capable of interfering in judicial proceedings or would do so", the court said while disposing of the application titled "Rubalpreet Kaur through Special Power of Attorney Sh. Jobanpreet Singh v. Harbarkamaljot Singh".

Nevertheless, the court directed the applicant or any person representing the applicant to approach the legal enforcement agency seeking protection, if they apprehend any physical harm. 

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