Anjali Rani v. Vijay Pal

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 19.07.2022 Anjali Rani ....Petitioner

Versus

Vijay Pal ....Respondent CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Ketan Antil, Advocate for the petitioner.

None for the respondent.

ARVIND SINGH SANGWAN J. (Oral) Prayer in this petition is for transfer of the petition filed under Section 9 of the Hindu Marriage Act, pending in the Family Court, Panipat to the competent Court of jurisdiction at Sonepat. Vide order dated 14.10.2021, the following order was passed:- "This petition has been filed by the wife seeking the transfer of the petition filed under Section 9 of the Hindu Marriage Act, 1955, bearing case No.HMA/56/2021, titled as "Vijay Pal Vs. Anjali Rani", pending in the Court of Principal Judge, Family Court, Panipat, to the Court of competent jurisdiction at Sonipat.

The petitioner claims that she got married to the respondent on 04.02.2016 and they have been blessed with a male child. She claims that presently, she is residing with her parents at Village Fizilpur, Tehsil and District Sonipat and the distance between Panipat and Sonipat, is more than 40 Kms. The petitioner further claims that she cannot properly defend the petition at Panipat.

The learned counsel representing the petitioner places reliance on following litigations pending in District Court, Sonipat :- i). Under Section 13 of the Hindu Marriage Act,

1955, (DMC/1361/2019) ii). Under Section 125 Cr.P.C. (MNT/559/2019). The learned counsel representing the petitioner contends that it will be very difficult for the petitioner to travel on each date of hearing.

Notice of motion for 22.11.2021."

Counsel for the petitioner has argued that on account of a matrimonial discord, the petitioner has filed a petition under Section 125 Cr.P.C. and a petition under Section 13 of the Hindu Marriage Act at Sonepat.

Counsel for the petitioner has further submitted that the respondent/husband has filed the petition under Section 9 of the Hindu Marriage Act, as a counter-blast, before the Principal Judge, Family Court, Panipat.

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 55 Kms from Sonepat to Panipat.

Counsel for the petitioner has further contended that the petitioner is having a minor child, who is living in her care and custody and she is facing difficulty to defend the case as she has to travel from Sonepat to Panipat.

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."

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. As per the office report, the respondent has been served through his mother, however, there is no representation on his behalf. After hearing the counsel for the petitioner, considering the fact that the petitioner/wife will have to bear the litigation expenses and transportation expenses 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 Section 9 of the Hindu Marriage Act, pending before the Family Court, Panipat will be transferred to the competent Court of jurisdiction at Sonepat.

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

3. The Family Court, Panipat is directed to transfer all the record pertaining to the aforesaid case to District Judge,

Sonepat.

4. The parties are directed to appear before the trial Court, Sonepat, within a period of 01 month from today. Disposed of.

(ARVIND SINGH SANGWAN) JUDGE 19.07.2022 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No