TA No.601 of 2020(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA No.601 of 2020 (O&M)
Date of decision: 21.07.2022
Sujata
....Petitioner
Versus
Ashish Kumar
....Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN Present: Mr. Abhinay Sharma, 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, Chandigarh to the competent Court of jurisdiction at Rohtak.
Counsel for the petitioner has argued that on account of a matrimonial discord, 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, Chandigarh.
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 250 Kms from Rohtak to Chandigarh.
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 1 of 3 ::: Downloaded on - 23-07-2022 04:49:57 ::: TA No.601 of 2020(O&M) 2 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, notice issued to respondent received back unserved, however, considering the fact that issuance of notice to the respondent has the consequences of staying further proceedings before the trial Court and also 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, Chandigarh will be transferred to the competent Court of jurisdiction at 2 of 3 ::: Downloaded on - 23-07-2022 04:49:58 ::: TA No.601 of 2020(O&M) 3 Rohtak.
2. The District Judge, Rohtak, will assign the said petition to the competent Court of jurisdiction.
3. The Family Court, Chandigarh is directed to transfer all the record pertaining to the aforesaid case to District Judge, Rohtak.
4. The parties are directed to appear before the trial Court, Rohtak, 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 04:49:58 :::