High Court of Punjab and HaryanaTA/743/2022allowed

Isha Singh v. Pawan Yadav

2022-07-25Mr. Justice Arvind Singh Sangwan4 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-743-2022 (O&M) Date of decision: 25.07.2022 Isha Singh ....Petitioner Vs.

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

Present:

Mr. Aditya Yadav, Advocate for the petitioner.

******* ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for transfer of the petition filed by the respondent-husband under Section 13(1) of the Hindu Marriage Act, pending in the Court of Family Court, Gurugram to the competent Court of jurisdiction at Mahendergarh.

Learned counsel for the petitioner has argued that since the respondent is a practising Advocate at Gurugram, it is difficult for the petitioner to defend the said petition and moreover, she is a student, having no independent source of income. It is further submitted that on account of the petition filed by the respondent-husband, the petitioner is facing great difficulty in prosecuting the said case, as there is a distance of about 120

-2kms between Mahendergarh and Gurugram.

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."

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 issuance of notice to the respondent 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 view of the fact that even in case notice of motion is issued, even the

-3respondent/husband has to bear the litigation 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 (1) of the Hindu Marriage Act, pending before the Family Court, Gurugram will be transferred to the competent Court of jurisdiction at Mahendergarh.

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

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

4. The parties are directed to appear before the Family Court, Mahendergarh within a period of 01 month from today. 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 arrears of maintenance amount, if any, in terms of a petition filed by the petitioner either under Section 125 Cr.P.C. or Section 12 of the Domestic Violence Act or Section 24 of the Hindu Marriage Act.

(b) The respondent will file an affidavit giving undertaking to pay

-4Rs.1,000/- per day, to the petitioner for attending the Court proceedings at Gurugram, 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 Gurugram, in case the respondent opt to contest this petition.

Present petition is disposed of accordingly.

[ ARVIND SINGH SANGWAN ] JUDGE 25.07.2022 vishnu Whether speaking/reasoned :

Yes/No Whether reportable:

Yes/No