← Library
High Court of Punjab and HaryanaTA/42/2022allowed

Manisha v. Satish

2022-08-16Mr. Justice Arvind Singh Sangwan4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 16.08.2022 Manisha ....Petitioner

Versus

Satish ....Respondent CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. S.S. Duhan, Advocate for the petitioner.

Mr. Vishwajeet, Advocate for the respondent.

ARVIND SINGH SANGWAN J. (Oral) Prayer in this petition is for transfer of the petition filed under Section 13 of the Hindu Marriage Act, pending in the Family Court, Hisar to the competent Court of jurisdiction at Jind. Vide order dated 03.02.2022, the following order was passed:- "The present transfer application has been filed by the wife thereby seeking transfer of the petition under Section 13 of the Hindu Marriage Act filed at the instance of respondent/husband, which is presently pending in Family Court, Hisar, to the Court of competent jurisdiction at District Jind.

It is submitted by learned counsel for the applicant that the applicant is presently residing with her parents in Village Garhwali, Tehsil Julana, District Jind, at a distance of about 250 kms from Hisar. As such, it is difficult for her to pursue the litigation thrusted upon her at the instance of respondent. She has no independent source of income and she is solely dependant upon her parents. Even, there is no direct bus from her village to Hisar. Moreover, petition under Section 125 Cr.P.C. and complaint filed by her i.e., COMA/113/2018 are already

pending in the Court at Jind.

Notice of motion for 04.03.2022."

Counsel for the petitioner has argued that on account of a matrimonial discord, the petitioner has filed a petition under Section 125 Cr.P.C. and a petition/complaint under the Domestic Violence Act at Jind.

Counsel for the petitioner has further submitted that the respondent/husband has filed the petition under Section 13 of the Hindu Marriage Act, as a counter-blast, before the Principal Judge, Family Court, Hisar.

Counsel for the petitioner has also argued that on account of a petition filed by the respondent/husband, the petitioner is facing great difficulty in prosecuting the said case as there is a distance of about 250 Kms from Jind to Hisar.

Counsel for the petitioner has relied upon the judgments "Sumita Singh vs Kumar Sanjay", 2002 SC 396 and "Rajani Kishor Pardeshi vs Kishor Babulal Pardeshi", 2005(12) SCC 237, wherein the Hon'ble Supreme Court has observed that while deciding the transfer application, the Courts are required to give more weightage and consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships."

Counsel for the petitioner has also relied upon the judgment "N.C.V. Aishwarya vs A.S. Saravana Karthik Sha," 2022

Live Law (SC) 627, wherein the Hon'ble Supreme Court has observed as under:-

9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.

10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions."

It is well settled that while considering the transfer of a matrimonial dispute/case at the instance of the wife, the Court is to consider the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important the convenience of the wife i.e. she cannot travel alone without assistance of a male member of her family, connectivity of the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses. Counsel for the respondent has, however, not disputed the factual position but opposed the submissions made by counsel for the petitioner.

After hearing the counsel for the parties, considering the fact that the petitioner/wife will have to bear the litigation expenses and transportation expenses and in view of the judgments i.e. Sumita Singh's case (supra), Rajani Kishor Pardeshi's case (supra) and N.C.V. Aishwarya's case (supra) passed by the Hon'ble Supreme Court, this Court deem it appropriate to allow the present petition, subject to the following conditions:-

1. The petition filed under Section 13 of the Hindu Marriage Act, pending before the Family Court, Hisar will be transferred to the competent Court of jurisdiction at Jind.

2. The District Judge, Jind, will assign the said petition to the competent Court of jurisdiction.

3. The Family Court, Hisar is directed to transfer all the record pertaining to the aforesaid case to District Judge, Jind.

4. The parties are directed to appear before the trial Court, Jind, within a period of 01 month from today. Disposed of.

(ARVIND SINGH SANGWAN) JUDGE 16.08.2022 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No