Kajol Rana v. Ankit Rana And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 2023:PHHC:078008 TA No.701 of 2023(O&M) Date of decision: 29.05.2023 Kajol Rana

...Petitioner

vs Ankit Rana and others

...Respondents

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Govind Chauhan, Advocate for the petitioner. *** NIDHI GUPTA, J.(Oral) 1.

Prayer in this petition filed by petitioner-wife is for transfer of the civil suit for defamation and damages bearing No.CS-1309/2023 filed by respondent No.1/husband, titled "Ankit Rana vs. Kajol Rana and others" pending in the Court of Civil Judge (Jr. Div.), Karnal to a court of competent jurisdiction at Ludhiana.

2.

Learned counsel for the petitioner, inter alia, submits: i) that marriage between the petitioner and respondent No.1 was solemnized on 08.02.2019.

ii) that one daughter was born out of the wedlock on 12.06.2020.

iii) that the petitioner along with minor daughter is living in her parental home at Ludhiana.

iv) that distance between the place of proceedings and place of residence is 190 kms. (one way).

v) that respondent No.1 had also filed a petition under Section 9 HMA, which was dismissed as withdrawn by him before the Ld. Trial Court in view of compromise. vi) that vide order dated 26.05.2023 passed in TA-6902023, this Court has also transferred the petition filed under the Guardians and Wards Act, 1890, to Ludhiana.

vii) that a petition under 125 Cr.P.C. is also pending between the parties at Ludhiana.

3.

I have heard learned counsel for the petitioner. 4.

Besides the facts as noticed hereinabove, the legal position in such like cases as the present one is also very clear. Reference in this regard may be made in particular, to judgment rendered by the Hon'ble Supreme Court, in case of N.C.V. Aishwarya vs A.S. Saravana Karthik Sha," 2022 Live Law (SC) 627, wherein the Hon'ble Supreme Court has held as under:- "9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding.

In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.

10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions."

5.

Further reliance can be placed upon the judgments in "Sumita Singh vs Kumar Sanjay", 2002 SC 396 and "Rajani Kishor Pardeshivs 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." 6.

Even this Court in number of cases has followed the aforesaid principle of law. Accordingly, 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.

7.

After going through the entire paperbook, considering the fact that issuance of notice to the respondents has the consequences of staying further proceedings before the trial Court, otherwise the petitioner-wife will have to bear the litigation expenses and transportation expenses and in case, notice of motion is issued, even the respondent-husband has to bear the litigation expenses and in view of the judgments i.e. Sumita Singh's case (supra), Rajani Kishor Pardeshi's case (supra) and N.C.V. Aishwarya's case (supra) passed by the Hon'ble Supreme Court, this Court deems it appropriate to allow the present petition, subject to the following conditions:- a) The civil suit for defamation and damages bearing No.CS-1309/2023 filed by respondent No.1/husband, titled "Ankit Rana vs. Kajol Rana and others" pending in the Court of Civil Judge (Jr. Div.), Karnal is

transferred to a court of competent jurisdiction at Ludhiana.

b) The ld. District Judge, Karnal is directed to transfer complete record pertaining to the aforesaid case to District Judge, Ludhiana.

c) The parties are directed to appear before the District & Sessions Judge, Ludhiana on 12.07.2023.

d) The District Judge, Ludhiana will assign the said petition to the Court of competent jurisdiction. 8.

The concerned Court at Ludhiana will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties. 9.

The Court concerned, where the litigation pending between the parties, will accommodate them with one date in one calendar month. 10.

As already noticed above, since the petition is being disposed of without issuing notice to the respondents, accordingly, in these peculiar circumstances, in order to ensure appearance of the parties before the District Judge, Ludhiana on 12.07.2023, it is directed that a copy of this order be sent to the respondent(s) through registered post, besides sending a copy of this order to the District Judges concerned through e-mail. Petitioner through her counsel, present in the Court, is directed to ensure her appearance accordingly. Disposed of.

29.05.2023 (Nidhi Gupta) ashok Judge Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No