High Court of Punjab and HaryanaTA/817/2021disposed of

Payal v. Shubham Kashyap

2022-08-31Mr. Justice Arvind Singh Sangwan5 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-817-2021 (O&M) Date of decision: 31.08.2022 Payal ....Petitioner Vs.

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

Present:

Mr. U.S. Rana, Advocate for the petitioner.

Mr. Sant Kashyap, Advocate for the respondent.

******* ARVIND SINGH SANGWAN, J. (Oral) CM-10726-CII-2022 For the reasons stated in the application, same is allowed and date of hearing is preponed from 29.09.2022 to today. CM stands disposed of.

Prayer in this petition is for transfer of the petition filed by the respondent-husband under Section 13(1)(i)(ia) of the Hindu Marriage Act, pending in the Court of Family Court, Yamuna Nagar at Jagadhri to the competent Court of jurisdiction at Karnal.

-2Learned counsel for the petitioner has argued that on account of matrimonial discord, the petitioner has filed a petition under Section 125 Cr.P.C. and a complaint before the Superintendent of Police, Karnal. It is further submitted that the petitioner is facing great difficulty in prosecuting the petition filed by the respondent, as there is a distance of about 65 kms between Karnal and Jagadhri.

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 has further relied upon N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, 2022 Live Law (SC) 627, wherein the Hon'ble Supreme Court held as under: - "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

-3social 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.

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." Learned counsel for the respondent has no objection in case the petition filed by the respondent is transferred from Family Court, Yamuna Nagar at Jagadhri to the competent Court of jurisdiction at Karnal, where other litigations between the parties are already pending, however, it is submitted that the Family Court, Yamuna Nagar at Jagadhri be directed to decide the application with regard to preservation of call record. It is further submitted that since in the order dated 31.01.

2022, the Family Court, Yamuna Nagar at Jagadhri observed that the proceedings before it have been directed to be adjourned beyond the date fixed before this Court, no effective order could be passed. Learned counsel thus prayed that the Family Court, Karnal be directed to decide the aforesaid application expeditiously.

-4It 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 parties, 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 respondent/husband has to bear the litigation expenses and in view of the judgments in 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 deem it appropriate to allow the present petition, subject to the following conditions:-

1. The petition filed under Section 13(1)(i)(ia) of the Hindu Marriage Act, pending before the Family Court, Yamuna Nagar at Jagadhri will be transferred to the competent Court of jurisdiction at Karnal.

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

3. The Family Court, Yamuna Nagar at Jagadhri is directed to

-5transfer all the record pertaining to the aforesaid case(s) to District Judge, Karnal.

4. The parties are directed to appear before the Family Court, Karnal on or before 07.09.2022 at 10.00 am.

5. The Family Court, Karnal will make all the endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of amicable settlement between the parties.

6. The Court concerned, where the litigations between the parties are pending, will accommodate them with one date in one calender month.

The Family Court, Karnal is also directed to decide the application filed by the respondent, for issuance of directions to the telecom company to preserve the call record, expeditiously preferably within a period of 15 days from the date of appearance of the parties. Present petition is disposed of accordingly.

[ ARVIND SINGH SANGWAN ] JUDGE 31.08.2022 vishnu Whether speaking/reasoned :

Yes/No Whether reportable:

Yes/No