Kuldeep Kaur v. Vijay Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 25.07.2022 Kuldeep Kaur ....Petitioner

Versus

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

Present:

Mr. Ravi Dangi, Advocate for Mr. Subhash Kumar, 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 13 of the Hindu Marriage Act, pending in the Family Court, Hoshiarpur to the competent Court of jurisdiction at Jalandhar. Counsel for the petitioner has argued that at the first instance, the respondent/husband filed a petition under Section 9 of the Hindu Marriage Act at Jalandhar, in which the petitioner filed an application for interim maintenance under Section 24 of the Act and thereafter, the petitioner filed an execution application for recovery of maintenance amount of Rs.1,28,820/- and later, the petition filed under Section 9 of the Act, was dismissed in default vide order dated 11.04.2018. It is further submitted that thereafter, the petitioner filed a petition under Section 125 Cr.P.C. and a complaint under the Domestic Violence Act at Jalandhar, in which again maintenance is awarded, however, the respondent/husband is not paying the same and rather has now filed a petition under Section 13 of the Hindu Marriage Act before

the District Court at Hoshiarpur.

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 65 Kms from Jalandhar to Hoshiarpur.

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

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

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

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

(ARVIND SINGH SANGWAN) JUDGE 25.07.2022 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No