Deeshpal @ Deeshpal Kaur v. Varinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 11.07.2022 Deeshpal @ Deeshpal Kaur ....Petitioner

Versus

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

Present:

Mr. Siddharth Gupta, Advocate for the petitioner.

ARVIND SINGH SANGWAN J. (Oral) Prayer in this petition is for transfer of the petition filed under Sections 13(1)(1a)(1b), 1 (iii) of the Hindu Marriage Act, pending in the Family Court, Camp at Ellenabad, District Sirsa to the competent Court of jurisdiction at Bathinda.

Counsel for the petitioner has argued that on account of a matrimonial discord, in which a child was born, who is living with the respondent, the petitioner has filed a petition under Section 125 Cr.P.C. as well as a complaint under the Domestic Violence Act, which are pending at Bathinda and now the respondent has filed a petition under Sections 13(1)(1a)(1b), 1 (iii) of the Hindu Marriage Act, before the Family Court, Camp at Ellenabad, District Sirsa. Counsel for the petitioner has further submitted that the respondent/husband has now filed a petition under Sections 13(1)(1a) (1b), 1 (iii) of the Hindu Marriage Act, before the Family Court, Camp at Ellenabad, District Sirsa, as a counter-blast. 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 105 Kms from Bathinda to Camp at Ellenabad, District Sirsa. 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."

After hearing the counsel for the petitioner, considering the fact that issuance of notice to the respondent has the consequences of staying further proceedings before the trial Court 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 Sections 13(1)(1a)(1b), 1 (iii) of the Hindu Marriage Act, pending before the Family Court, Camp at Ellenabad, District Sirsa will be transferred to the competent Court of jurisdiction at Bathinda.

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

However, liberty is granted to the respondent to revive this

petition, if he intent to contest the same, provided that:- (a) The respondent will clear all the maintenance amount, if any, in terms of a petition filed by the petitioner. (b) The respondent will undertake to pay Rs.1,000/- per day, to the petitioner for attending the Court proceedings at Camp at Ellenabad, District Sirsa on each and every date of hearing.

(c) The respondent will bring a demand draft of Rs.25,000/- towards the litigation expenses of the petitioner to pursue the case at Camp at Ellenabad, District Sirsa in case the respondent opt to contest this petition.

Disposed of.

(ARVIND SINGH SANGWAN) JUDGE 11.07.2022 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No