Uma Rani v. Pardeep Kumar

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-287-2022 (O&M) Date of decision: 20.07.2022 Uma Rani ....Petitioner Vs.

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

Present:

Mr. Munish Behl, Advocate for the petitioner.

Ms. Rajni, 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, Chandigarh to the competent Court of jurisdiction at Ambala.

While issuing notice of motion, following order was passed by this Court on 25.03.2022: - "The applicant is seeking transfer of a petition bearing No.HMA/14/2022 titled as Pardeep Kumar Vs. Uma Rani' filed by the respondent under Section 9 of the Hindu Marriage Act,

-21955 which is pending in the Court of Civil Judge (Jr. Divn.), Chandigarh (Annexure P-2), to a Court of competent jurisdiction at Ambala, where the applicant is presently residing with her parents.

Learned counsel for the applicant submits that the case at Chandigarh is still at the initial stage and hence the possibility of an amicable settlement between the parties can be explored by referring them to the Mediation and Conciliation Center of this Court.

Notice of motion for 20.05.2022."

Learned counsel for the petitioner has argued that on account of a matrimonial discord, the petitioner has filed a petition/complaint under Section 125 Cr.P.C. and an FIR under Sections 323, 406, 498-A, 506 IPC at Ambala. It is further submitted 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 50 kms from Ambala to Chandigarh.

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

-3another 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 opposed the prayer, but not disputed the factual position.

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, Chandigarh 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.

-43. The Family Court, Chandigarh is directed to transfer all the record pertaining to the aforesaid case(s) to District Judge, Ambala.

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

[ ARVIND SINGH SANGWAN ] JUDGE 20.07.2022 vishnu Whether speaking/reasoned :

Yes/No Whether reportable:

Yes/No