Recently, the Punjab and Haryana High Court ruled that a woman’s conduct in a matrimonial case must be considered when deciding her plea to transfer the case from one court to another.
The applicant has filed an application seeking the transfer of a petition under Section 11 of the Hindu Marriage Act, 1955.
Brief Facts
In the present case the couple married in 2016 and have two children, the husband moved to the family court in Jhajjar in 2020 to declare their marriage void. The husband claimed he was unaware of the woman’s previous marriage when he married her. The husband said that he came to know of her earlier marriage when he found documents concerning litigation between the woman and her first husband. The Woman has filed an application seeking the transfer of a petition which was initiated by the respondent and is currently pending in the Family Court of Jhajjar. The applicant requests that the case be transferred to a court of competent jurisdiction in Rupnagar.
Contentions of Petitioner
The counsel for the petitioner contended that the marriage took place on March 24, 2016, and the couple has two children, currently in the respondent’s custody. The respondent allegedly kidnapped the children and demanded Rs. 5,00,000/-, and sought a divorce. The counsel further submits thereafter the applicant file an FIR under Section 363 and 365 IPC at Rupnagar, which is still pending. The petition under section 11 of the Hindu Marriage Act was subsequently filed in Jhajjar. The counsel further argued that the petitioner living with her aged parents and it is difficult to defend the case 350km away from her residence.
Contentions of Respondent
The counsel for the respondent submits that the applicant was previously married before marrying the respondent. While being still married to her former husband the applicant entered into a second marriage with the respondent without disclosing her previous marriage. The respondent discovered the applicant’s earlier marriage after finding documents related to the ongoing litigation between the applicant and her former husband, while the applicant was away from their matrimonial home.
Observation of court
The court observed that the woman had continued matrimonial litigation with her previous husband to extract maintenance from him while keeping the current husband in the dark. It was further noted that she had filed a case of cruelty against her previous husband. The court said, “Furthermore, it is necessary to make mention that the petition under Section 13-B of the Hindu Marriage Act, for dissolution of marriage by way of decree of divorce with mutual consent, qua the previous husband of the applicant, was filed by her on 30.11.2019 and the same was decided on 12.06.2020”, the court also noted that the previous husband was required to pay Rs.5,15,000 to the woman as a divorce settlement.
HC Bench stated, “No doubt, it is settled law that the convenience of the women ought to be taken into consideration while adjudicating upon the question of the transfer of the litigation against her, but simultaneously, it is also very essential to take into consideration the conduct of the woman”.
Decision of Court
High Court dismissed her transfer plea, stating that the applicant had the nerve to file for a transfer. The court noted that the applicant continued to pursue and extract money from her previous husband while hiding this from the respondent. The court found that the applicant’s actions showed clear greed and stated there was no reason to approve the transfer request.
Advocate for Petitioner: Adv. Dhruv Khanna
Advocate for Respondent: Adv. S.S. Mor
Coram: Justice Archana Puri
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