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High Court of Punjab and HaryanaTA/481/2022allowed

Jyoti v. Pushpender

2022-07-26Mr. Justice Arvind Singh Sangwan3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-481-2022 (O&M) Date of decision: 26.07.2022 Jyoti ....Petitioner Vs.

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

Present:

Mr. H.N. Sahu, Advocate for the petitioner.

Mr. Ashwani Bakshi, 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 13 of the Hindu Marriage Act, pending before the Family Court, Rohtak to the competent Court of jurisdiction at Gurugram.

Learned counsel for the petitioner has argued that even prior to the marriage, the respondent was working in Gurugram, whereas the divorce petition is filed at Rohtak. It is further submitted that on account of aforesaid petition filed by the respondent, the petitioner is facing great difficulty in prosecuting the said case, as there is a distance of about 80 kms

-2from Gurugram to Rohtak.

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, however, opposed the prayer for transfer of the petition under Section 13 of Hindu Marriage Act filed by the respondent.

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

-3transportation 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 13 of the Hindu Marriage Act, pending before the Family Court, Rohtak will be transferred to the competent Court of jurisdiction at Gurugram.

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

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

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