Paramjit Kaur vs Gurlal Singh
2022 Latest Caselaw 8204 P&H

Citation : 2022 Latest Caselaw 8204 P&H
Judgement Date : 1 August, 2022

Punjab-Haryana High Court

Paramjit Kaur vs Gurlal Singh on 1 August, 2022

TA-163-2020                                                        -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                TA-163-2020 (O&M)
                                                Date of decision: 01.08.2022

Paramjit Kaur
                                                                   ....Petitioner



                                          Vs.

Gurlal Singh
                                                                 ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Paras Jagga, Advocate
             for the petitioner.

             None for the respondent.

                    *******

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 (for short

'HM Act'), pending before the Family Court, Barnala to the competent

Court of jurisdiction at Nabha, District Patiala.

Learned counsel for the petitioner has argued that on account

of matrimonial discord, the petitioner has filed a petition under Section 125

Cr.P.C., a petition under Section 13 of HM Act and a petition/complaint

under the Protection of Women from Domestic Violence Act. It is further

submitted that the petitioner is facing great difficulty in prosecuting the

1 of 4

petition filed by the respondent, as there is a distance of about 80 kms from

Nabha to Barnala.

Learned counsel has further contended that out of the wedlock,

three children were born. The respondent is in custody of two children

namely Komalpreet Kaur and Samanpreet Singh and one child namely

Ravneet Singh is living in care and custody of the petitioner and she is

facing difficulty to defend the case, as she has to travel from Nabha to

Barnala.

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."

Learned counsel has further relied upon N.C.V. Aishwarya Vs.

A.S. Saravana Karthik Sha, 2022 Live Law (SC) 627, wherein the

Hon'ble Supreme Court held as under: -

"The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to

2 of 4

consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.

Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions."

There is no representation on behalf of the respondent.

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 the petitioner-wife will have to bear the litigation expenses and

3 of 4

transportation expenses and in view of the judgments in Sumita Singh's

case (supra), Rajani Kishor Pardeshi's case (supra) and N.C.V.

Aishwarya'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, Barnala will be transferred

to the competent Court of jurisdiction at Nabha, District

Patiala.