Sonia v. Sachin Kumar

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-200-2022 (O&M) Date of decision: 26.07.2022 Sonia ....Petitioner Vs.

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

Present:

Mr. Dhruv Gupta, Advocate for the petitioner.

Mr. Bharat Puri, Advocate 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 9 of the Hindu Marriage Act, pending before the Family Court, Jalandhar to the competent Court of jurisdiction at Ambala.

While issuing notice of motion, following order was passed by this Court on 21.03.2022: - "The applicant is seeking transfer of a petition bearing

-2No.HMA-41-2022 titled as 'Sachin Kumar Vs. Sonia' filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 which is pending in the Court of learned Principal Judge, Family Court, Jalandhar (Annexure P-1), to a Court of competent jurisdiction at Ambala, which is approximately 170 kms. Away.

Learned counsel for the applicant submits that following two petitions already stand filed by the applicant and are pending at Ambala:- i) Petition under Section 125 Cr.P.C.

ii) Petition under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005."

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 for the respondent has no objection to prayer

-3of the petitioner.

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 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) 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 9 of the Hindu Marriage Act, pending before the Family Court, Jalandhar will be transferred to the competent Court of jurisdiction at Ambala.

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

3. The Family Court, Jalandhar is directed to transfer all the record pertaining to the aforesaid case(s) to District Judge, Ambala.

-44. The parties are directed to appear before the Family Court, Ambala within a period of 01 month from today. Present petition is disposed of accordingly.

[ ARVIND SINGH SANGWAN ] JUDGE 26.07.2022 vishnu Whether speaking/reasoned :

Yes/No Whether reportable:

Yes/No