TA-1107-2019 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
TA-1107-2019 (O&M)
Date of decision: 19.07.2022
Babita Saini ...Petitioner
Versus
Amit Sharma ...Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present:- Ms. Sukhveer Kaur, Advocate for
Mr. R. K. Arya, Advocate
for the petitioner.
None for the respondent, despite service.
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, 1955, titled as Amit Sharma vs. Babita Saini, pending before the Family Court, Hoshiarpur to the competent Court of jurisdiction at Gurdaspur.
Learned counsel for the petitioner has argued that on account of a matrimonial discord, the petitioner-wife has filed a petition under Section 125 Cr.P.C. at Gurdaspur, which is pending and as a counter-blast to the same, the respondent-husband has filed the present petition under Section 9 of the Hindu Marriage Act at Hoshiarpur in order to harass the petitioner. It is further submitted that the petitioner is facing great difficulty in prosecuting the said case, as there is a distance of about 90 kms between Hoshiarpur and Gurdaspur.
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 1 of 3 ::: Downloaded on - 21-07-2022 03:53:29 ::: TA-1107-2019 (O&M) -2-
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."
As per office report, the respondent is served, however, there is no representation on his behalf.
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 if the aforesaid petition is not transferred, the petitioner-wife will have to bear the litigation expenses and transportation expenses and also in view of the ratio of law laid down by Hon'ble Supreme Court in Sumita Singh's case (supra) and Rajani Kishor Pardeshi's case (supra), this Court deems it appropriate to allow the present petition, with the following directions:-
(i) The petition filed under Section 9 of the Hindu Marriage Act, pending before the Family Court, Hoshiarpur will be transferred to the competent Court of jurisdiction at Gurdaspur.
(ii) The District Judge, Gurdaspur will assign the 2 of 3 ::: Downloaded on - 21-07-2022 03:53:30 ::: TA-1107-2019 (O&M) -3-
said petition to the competent Court of
jurisdiction.
(iii) The Family Court at Hoshiarpur is directed to transfer all the record pertaining to the aforesaid case to District Judge, Gurdaspur.
(iv) The parties are directed to appear before the trial Court at Gurdaspur within a period of 01 month from today.
However, liberty is granted to the respondent-husband to revive this petition, if he intends to contest the same, provided that:-
(i) The respondent will clear all the arrears of maintenance amount, if any, in terms of the petition filed by the petitioner either under Section 125 C r.P.C. or Section 12 of the Domestic Violence Act or Section 24 of the Hindu Marriage Act.
(ii) The respondent will file an affidavit giving undertaking to pay Rs.1,000/- per day, to the petitioner for attending the Court proceedings at Hoshiarpur, on each and every date of hearing.
(iii) The respondent will bring a demand draft of Rs.25,000/- towards the litigation expenses of the petitioner to pursue the case at Hoshiarpur, in case the respondent opts to contest this petition.
19.07.2022 (ARVIND SINGH SANGWAN)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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