Arshdeep Kaur v. Gurinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- November 18, 2019 Arshdeep Kaur ...Applicant

Versus

Gurinder singh

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Achin Gupta, Advocate for the applicant.

Mr. Parunjeet Singh, Advocate for the respondent. *** Applicant Arshdeep Kaur, aged about 27 years, estranged wife of Gurinder Singh-respondent, presently residing with her parents at Village Bargari, District Faridkot on account of matrimonial discord between the spouses, by way of filing the instant application seeks transfer of petition under Section 13 of the Hindu Marriage Act filed by her husband Gurinder Singh against her having title 'Gurinder Singh Vs. Arshdeep Kaur' pending in the Court of Additional Principal Judge, Family Court, Ludhiana to the Court of competent jurisdiction at Faridkot. According to the applicant, the marriage performed between the parties on 30.12.2015 ran into rough weather. The applicant was harassed for bringing less dowry by respondent and his family members, therefore, she had to leave the matrimonial home and start residing with her parents since 30.3.2017. She does not have any source of income. She is taking care

of minor son of the parties namely Jobanpreet, aged about 11⁄2 years. The applicant has filed petition under Section 125 Cr.P.C. for grant of maintenance for her as well as for her minor son. The applicant has also filed complaint under Sections 498-A/406/499/500/506 IPC in the Court of Chief Judicial Magistrate, Faridkot. The respondent has filed the petition in question just to harass her. It is, difficult for her to travel from her parental place to Ludhiana so as to attend the dates of hearing in the Court there, therefore, the application be accepted.

Notice of the application was given to the respondent, who has put in appearance through his counsel and is vehemently opposing the application.

I have heard learned counsel for the parties besides going through the record.

The Apex Court in various judgments has observed that in matrimonial disputes between the spouses convenience of wife should be looked into. In that regard a reference can be made to authority Sumita Singh Versus Kumar Sanjay and another, 2002 AIR(SC) 396 by a Division Bench of Hon'ble Supreme Court.

In Bhartiben Ravibhai Rav Versus Ravibhai Govindbhai Rav, 2017(3) RCR(Civil) 369, the Apex Court had allowed application for transfer of the divorce petition to a place where the wife was residing considering various factors including the distance between the place where the wife was residing and the place of sitting of the Court where divorce petition had been instituted and the fact that the wife had filed two cases against her husband in the Court at the place of her residence wherein the

respondent had already put in appearance.

In Apurva Versus Navtej Singh, 2017(2) Law Herald 966 by a Co-ordinate Bench of this Court, it was observed that wherever the Courts are called upon to consider the plea of transfer in matrimonial disputes, the Courts have to take into consideration various factors like economic soundness of either of the parties, the social strata of the spouses to which they belong and behavioural pattern, standard of life antecedents of marriage. Generally it is the wife's convenience, which must be looked at by the Courts while deciding the transfer application. Keeping in view the contentions in the application and submissions made by learned counsel for the applicant, in which I find merit, in absence of any strong circumstance to the contrary, it would be proper and appropriate if the application is accepted. The same is accordingly allowed.

The petition in question is ordered to be withdrawn from the Court of Additional Principal Judge, Family Court, Ludhiana and transferred to Family Court at Faridkot for disposal in accordance with law. The parties through their counsel are directed to appear in the transferee Court on 17.12.2019. Copies of orders be sent to the Court of Additional Principal Judge, Family Court, Ludhiana as well as to the Family Court at Faridkot for information and necessary compliance. (H.S. MADAAN) JUDGE November 18, 2019 p.