Seema Rani v. Jatinder

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 13.07.2022 Seema Rani ....Petitioner

Versus

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

Present:

Mr. Lalit Pardhan, Advocate for the petitioner.

Ms. Monika Jangra, Advocate for the respondent.

ARVIND SINGH SANGWAN J. (Oral) Prayer in this petition is for transfer of the petition file under Section 13(1) of the Hindu Marriage Act, pending in the Family Court, Bahadurgarh to the competent Court of jurisdiction at Bhiwani. Vide order dated 23.03.2022, the following order was passed:- "The applicant is seeking transfer of a petition titled as 'Jatinder Vs. Seema Rani' filed by the respondent under Section 13(1) of the Hindu Marriage Act, 1955 which is pending in the Court of learned Principal Judge, Family Court at Bahadurgarh (Annexure P-1), to a Court of competent jurisdiction at Bhiwani.

Learned counsel for the applicant submits that after being ousted from her matrimonial home, she has been living with her parents along with her minor son and hence she would be greatly inconvenienced to commute to Bahadurgarh from Bhiwani which is about 90 kms. away, on each and every date of hearing. It has also been

submitted that following litigations are pending between the parties at Bhiwani, which were filed prior in time:- i) Petition under Section 125 Cr.P.C.

ii) Petition under the Protection of Women from Domestic Violence Act, 2005.

Notice of motion for 13.07.2022."

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 Bhiwani.

Counsel for the petitioner has further submitted that the respondent/husband has filed the petition under Section 13(1) of the Hindu Marriage Act, as a counter-blast, before the Principal Judge, Family Court, Bahadurgarh.

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 90 Kms from Bhiwani to Bahadurgarh.

Counsel for the petitioner has further contended that the petitioner is having a minor child, who is living in her care and custody and she is facing difficulty to defend the case as she has to travel from Bhiwani to Bahadurgarh.

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."

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. 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) 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 13(1) of the Hindu Marriage Act, pending before the Family Court, Bahadurgarh will be transferred to the competent Court of jurisdiction at Bhiwani.

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

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

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

(ARVIND SINGH SANGWAN) JUDGE 13.07.2022 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No