TA-410-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA-410-2022 (O&M)
Date of decision: 22.07.2022
Manpreet Kaur
....Petitioner
Vs.
Satnam Singh
....Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Imran Farooqi, Advocate
for the petitioner.
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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 in the Court of Family Court, Nabha, District Patiala to the competent Court of jurisdiction at Malerkotla.
Learned 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. and a petition/complaint under Prevention of Women from Domestic Violence Act at Malerkotla. It is further submitted 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 50 kms 1 of 4 ::: Downloaded on - 23-07-2022 09:52:40 ::: TA-410-2022 -2- between Nabha and Malerkotla.
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 Malerkotla to Nabha.
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."
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 2 of 4 ::: Downloaded on - 23-07-2022 09:52:40 ::: TA-410-2022 -3- that issuance of notice to the respondent has the consequences of staying further proceedings before the trial Court, otherwise the petitioner-wife will have to bear the litigation expenses and transportation expenses and in view of the fact that even in case notice of motion is issued, even the respondent/husband has to bear the litigation 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, Nabha, District Patiala will be transferred to the competent Court of jurisdiction at Malerkotla.
2. The District Judge, Sangur, will assign the said petition to the competent Court of jurisdiction at Nabha.
3. The Family Court, Nabha, District Patiala is directed to transfer all the record pertaining to the aforesaid case(s) to District Judge, Sangrur.
4. The parties are directed to appear before the District Judge, Sangrur, within a period of 01 month from today.
However, liberty is granted to the respondent to revive this petition, if he intent to contest the same, provided that:-
(a) The respondent will clear all arrears of maintenance amount, 3 of 4 ::: Downloaded on - 23-07-2022 09:52:40 ::: TA-410-2022 -4- if any, in terms of a petition filed by the petitioner either under Section 125 Cr.P.C. or Section 12 of the Domestic Violence Act or Section 24 of the Hindu Marriage Act.
(b) The respondent will file an affidavit giving undertaking to pay Rs.1,000/- per day, to the petitioner for attending the Court proceedings at Nabha, on each and every date of hearing.
(c) The respondent will bring a demand draft of Rs.25,000/-
towards the litigation expenses of the petitioner to pursue the case at Nabha, in case the respondent opt to contest this petition.
Present petition is disposed of accordingly.
[ ARVIND SINGH SANGWAN ] JUDGE 22.07.2022 vishnu Whether speaking/reasoned : Yes/No Whether reportable: Yes/No 4 of 4 ::: Downloaded on - 23-07-2022 09:52:40 :::