TA No.349 of 2022 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA No.349 of 2022 (O&M)
Date of decision: 21.07.2022
Renu Goyal
....Petitioner
Versus
Vikas Goyal and another
....Respondents
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN Present: Mr. Naresh Jain, 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 13 of the Hindu Marriage Act, pending in the Family Court, Moga to the competent Court of jurisdiction at Camp Court Gidderbaha, District Sri Muktsar Sahib.
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. at Camp Court Gidderbaha, District Sri Muktsar Sahib.
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, Moga.
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 95 Kms from Camp Court Gidderbaha, District Sri Muktsar Sahib 1 of 3 ::: Downloaded on - 23-07-2022 04:40:37 ::: TA No.349 of 2022 (O&M) 2 to Moga.
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 respondents have been served, however, there is no representation on their 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 2 of 3 ::: Downloaded on - 23-07-2022 04:40:37 ::: TA No.349 of 2022 (O&M) 3 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, Moga will be transferred to the competent Court of jurisdiction at Camp Court Gidderbaha, District Sri Muktsar Sahib.
2. The District Judge, Sri Muktsar Sahib, will assign the said petition to the competent Court of jurisdiction.
3. The Family Court, Moga is directed to transfer all the record pertaining to the aforesaid case to District Judge, Sri Muktsar Sahib.
4. The parties are directed to appear before the trial Court, Camp Court Gidderbaha, District Sri Muktsar Sahib, within a period of 01 month from today.
Disposed of.
(ARVIND SINGH SANGWAN) JUDGE 21.07.2022 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 3 of 3 ::: Downloaded on - 23-07-2022 04:40:37 :::