Sudesh v. Dinesh

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-57-2022 (O&M) Date of decision: 25.08.2022 Sudesh ....Petitioner Vs.

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

Present:

Mr. Vivek Khatri, Advocate for the petitioner.

None for the respondent.

******* ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for transfer of the petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, pending before the Family Court, Camp Court, Ganaur, District Sonipat to the competent Court of jurisdiction at Hisar.

While issuing notice of motion, following order was passed by this Court on 08.02.2022: - "Applicant-wife has filed the transfer application for seeking transfer of the petition filed under Section 13 of the Hindu Marriage Act, at the instance of respondent-husband, presently pending in the Family Camp Court, Ganaur, Sonipat to the

-2Court of competent jurisdiction at Hisar.

It is submitted by learned counsel for the applicant that the applicant was shunted out of her matrimonial house in the month of June, 2021 and two children born from the wedlock of the parties to the lis, are detained by the respondent/husband. The applicant is presently residing with her parents at Hisar and has no source of income. She is totally dependent upon her parents. The distance from her place of residence and Sonipat is about 200 kms. As such, it is difficult for her to pursue the litigation thrusted upon her at the instance of the respondent/husband."

Learned counsel 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 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."

Learned counsel has further relied upon N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, 2022 Live Law (SC) 627, wherein the Hon'ble Supreme Court held as under: -

-3- "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.

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." As per office report, the respondent is served, however, there is no representation on his behalf.

It is well settled that while considering the transfer of a

-4matrimonial dispute/case at the instance of the wife, the Court is to consider family condition of the wife, custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important, 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.

After hearing the counsel for the petitioner, considering the fact that the petitioner-wife will have to bear the litigation expenses and transportation expenses and in view of the judgments in 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, Camp Court, Ganaur, District Sonipat will be transferred to the competent Court of jurisdiction at Hisar.

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

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

-54. The parties are directed to appear before the Family Court, Hisar within a period of 01 month from today.

5. The Court concerned, where the litigations between the parties are pending, will accommodate them with one date in one calender month.

6. The Family Court, Hisar will make all the endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of amicable settlement between the parties.

Present petition is disposed of accordingly.

[ ARVIND SINGH SANGWAN ] JUDGE 25.08.2022 vishnu Whether speaking/reasoned :

Yes/No Whether reportable:

Yes/No