Bhawna v. Vikas

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-1141-2019 (O&M) Date of decision: 27.07.2022 Bhawna ....Petitioner Vs.

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

Present:

Mr. Umesh Aggarwal, Advocate for the petitioner.

Mr. A.S. Pahwa, Advocate for the respondent.

******* ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for transfer of the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, pending before the Family Court, Phagwara, District Kapurthala to the competent Court of jurisdiction at Amritsar.

Learned counsel for the petitioner has argued that on account of matrimonial discord, the petitioner has filed a complaint with the police against the respondent and his family members at Amritsar. It is further submitted that the petitioner is facing great difficulty in prosecuting the petition under Section 9 of Hindu Marriage Act, as there is a distance of

-2about 100 kms from Amritsar to Phagwara.

Learned counsel has further contended that the petitioner is having two minor children, who are living in her care and custody and she is facing difficulty to defend the case, as she has to travel from Amritsar to Phagwara.

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 for the respondent has no objection to the prayer of the petitioner.

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

-3and travelling expenses.

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 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 9 of the Hindu Marriage Act, pending before the Family Court, Phagwara will be transferred to the competent Court of jurisdiction at Amritsar.

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

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

4. The parties are directed to appear before the Family Court, Amritsar within a period of 01 month from today. Present petition is disposed of accordingly.

[ ARVIND SINGH SANGWAN ] JUDGE 27.07.2022 vishnu Whether speaking/reasoned :

Yes/No Whether reportable:

Yes/No