Amarjit Kaur v. Jagjit Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 04.08.2022 Amarjit Kaur ....Petitioner

Versus

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

Present:

Mr. Ramneek Vasudeva, Advocate for the petitioner.

None for the respondent.

ARVIND SINGH SANGWAN J. (Oral) Prayer in this petition is for transfer of the petition filed under Section 9 of the Hindu Marriage Act, pending in the Family Court, S.A.S. Nagar, Mohali to the competent Court of jurisdiction at Rupnagar.

As per the report from the Secretary, DLSA, Rupnagar, the mediation has failed.

Vide order dated 24.03.2022, the following order was passed:- "The applicant is seeking transfer of a petition bearing No.HMA-343-2021 titled as 'Jagjit Singh Vs. Amarjit Kaur' 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, SAS Nagar (Annexure P-4), to a Court of competent jurisdiction at Rupnagar.

Learned counsel for the applicant contends that the applicant has been residing with her minor children at Rupnagar and is totally dependent upon her widowed mother. It has also been submitted that the following three cases are also pending at various Courts at Rupnagar:-

i) Complaint under Sections 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005. ii) Petition under Section 125 Cr.P.C.

iii) Petition under Section 9 read with Section 25 of the Guardians and Wards Act, 1890 Learned counsel submits that petition under the Guardians and Wards Act, 1890 is instituted at the instance of the respondent-husband.

On a pointed query put to the learned counsel as to whether the applicant would be willing to explore the possibility of an amicable settlement/reconciliation with the respondent-husband, he submitted that she may not be averse to exploring the possibility any such possibility. Learned counsel has further apprised the Court that all the cases pending between the parties at Rupnagar are fixed for 01.04.2022 and the parties be relegated to the Mediation and Conciliation Center at Rupnagar itself for the said date for exploring the possibility of an amicable settlement.

Notice of motion for 04.08.2022."

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 and a petition under Section 9 read with Section 25 of the Guardians and Wards Act, at Rupnagar.

Counsel for the petitioner has further submitted that the respondent/husband has filed the petition under Section 9 of the Hindu Marriage Act, as a counter-blast, before the Principal Judge, Family Court, S.A.S. Nagar, Mohali.

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 45 Kms from Rupnagar to S.A.S. Nagar, Mohali. 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. As per the office report, the respondent has been served, however, there is no representation on his behalf. 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 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 9 of the Hindu Marriage Act, pending before the Family Court, S.A.S. Nagar, Mohali will be transferred to the competent Court of jurisdiction at Rupnagar.

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

3. The Family Court, S.A.S. Nagar, Mohali is directed to transfer all the record pertaining to the aforesaid case to District Judge, Rupnagar.

4. The parties are directed to appear before the trial Court,

Rupnagar, within a period of 01 month from today. Disposed of.

(ARVIND SINGH SANGWAN) JUDGE 04.08.2022 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No