TA-756-2022 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
TA-756-2022 (O&M)
Date of decision: 27.07.2022
Surbhi Dogra ...Petitioner
Versus
Siddharth Mahajan ...Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present:- Mr. B. D. Sharma, Advocate
for the petitioner.
ARVIND SINGH SANGWAN, J. (Oral)
Prayer in this petition is for transfer of the petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955, titled as Siddharth Mahajan vs. Surbhi Dogra, pending before the Family Court, Amritsar to the competent Court of jurisdiction at Jalandhar.
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., a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and has also got registered FIR No. 136 dated 26.11.2021, under Sections 406, 498-A of the IPC at Jalandhar, which are pending. It is further submitted that as a counter-blast to the aforesaid cases, the respondent-husband has filed the present petition under Section 13 of the Hindu Marriage Act at Amritsar 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 100 Kms between the aforesaid 1 of 4 ::: Downloaded on - 29-07-2022 03:36:25 ::: TA-756-2022 (O&M) -2-
two places.
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 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 in case notice of motion is issued, even the respondent/husband has to bear the litigation expenses and in also in view of the judgments rendereed in Sumita Singh's case (supra) and Rajani 2 of 4 ::: Downloaded on - 29-07-2022 03:36:25 ::: TA-756-2022 (O&M) -3-
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 13 of the Hindu Marriage Act, pending before the Family Court, Amritsar will be transferred to the competent Court of jurisdiction at Jalandhar.
(ii) The District Judge, Jalandhar will assign the said petition to the competent Court of jurisdiction.
(iii) The Family Court, Amritsar is directed to transfer all the record pertaining to the aforesaid case to District Judge, Jalandhar.
(iv) The parties are directed to appear before the trial Court at Jalandhar 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 Cr.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 3 of 4 ::: Downloaded on - 29-07-2022 03:36:25 ::: TA-756-2022 (O&M) -4-
Amritsar, 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 Amritsar, in case the respondent opts to contest this petition.
27.07.2022 (ARVIND SINGH SANGWAN)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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