Shruti v. Vikram

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 19.07.2022 Shruti ....Petitioner

Versus

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

Present:

Mr. H.S. Kasan, Advocate for the petitioner.

Mr. V.S. Punia, Advocate for the respondent.

ARVIND SINGH SANGWAN J. (Oral) Prayer in this petition is for transfer of the petition filed under Section 13 of the Hindu Marriage Act, pending in the Family Court, Jind to the competent Court of jurisdiction at Kaithal. Vide order dated 15.12.2021, the following order was passed:- "Learned counsel for the petitioner would contend that the petitioner-wife would have to travel a distance of about 70 kilometres (one way) from her place of residence in District Kaithal in order to attend to the proceedings initiated by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce in the Court of Principal Judge, Family Court, Jind bearing case No.HMA-208/2021 and, hence, she would not be able to properly defend her case on each and every date of hearing.

It is further contended that the petitioner has no independent source of income and she also has a minor child of 11 months to look after.

Section 125 CrPC bearing Case No.MNT126/60 - are already pending at Kaithal.

Notice of motion returnable 03.02.2022."

Counsel for the petitioner has argued that on account of a matrimonial discord, the petitioner has filed a petition/complaint under Section 125 Cr.P.C. and a petition/complaint under the Domestic Violence Act at Kaithal.

Counsel for the petitioner has further submitted that the respondent/husband has filed the petition under Section 13 of the Hindu Marriage Act, as a counter-blast, before the Principal Judge, Family Court, Jind.

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 75 Kms from Kaithal to Jind.

Counsel for the petitioner has further contended that the petitioner is having an infant child, who is living in her care and custody and she is facing difficulty to defend the case as she has to travel from Kaithal to Jind.

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. Counsel for the respondent has, however, not disputed the factual position but opposed the submissions made by counsel for the petitioner.

After hearing the counsel for the parties, 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 13 of the Hindu Marriage Act, pending before the Family Court, Jind will be transferred to the competent Court of jurisdiction at Kaithal.

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

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

4. The parties are directed to appear before the trial Court, Kaithal, 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