Navneet Kaur v. Harvinder Singh

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-210-2021 (O&M) Date of decision: 27.07.2022 Navneet Kaur ....Petitioner Vs.

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

Present:

Ms. Pinki Mehla, Advocate for Mr. Pawan Attri, 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 12(1)(c) of the Hindu Marriage Act, pending before the Family Court, Karnal to the competent Court of jurisdiction at Pehowa, District Kurukshetra. Learned counsel for the petitioner has argued that the respondent is residing in Australia and just to harass the petitioner, aforesaid petition under Section 12(1)(c) of Hindu Marriage Act has been filed at Karnal. It is further submitted that on account of matrimonial discord, the petitioner has filed a petition under Section 125 Cr.P.C., a petition/complaint

-2under the Protection of Women from Domestic Violence Act and an FIR No.697 dated 18.12.2019 under Sections 323, 34, 498-A, 506 IPC at Police Station Pehowa. It is further submitted that the petitioner is facing great difficulty in prosecuting the said case, as there is a distance of about 60 kms from Pehowa to Karnal.

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."

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

-3and 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) and Rajani Kishor Pardeshi'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 12(1)(c) of the Hindu Marriage Act, pending before the Family Court, Karnal will be transferred to the competent Court of jurisdiction at Pehowa, District Kurukshetra.

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

3. The Family Court, Karnal is directed to transfer all the record pertaining to the aforesaid case to Family Court, Pehowa.

4. The parties are directed to appear before the Family Court, Pehowa, within a period of 01 month from today. Present petition is disposed of accordingly.

[ ARVIND SINGH SANGWAN ] JUDGE 27.07.2022 vishnu Whether speaking/reasoned :

Yes/No Whether reportable:

Yes/No