Neeru Mehta vs Vikram Sharma
2022 Latest Caselaw 8798 P&H

TA-94-2022                                                  -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                               TA-94-2022 (O&M)
                                               Date of decision: 08.08.2022

Neeru Mehta
                                                                   ....Petitioner



                                         Vs.

Vikram Sharma
                                                                  ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Gourave Bhayyia Gilhotra, Advocate and
             Mr. Akash Manocha, 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, pending

before the Family Court, Gurugram to the competent Court of jurisdiction at

Panipat.

While issuing notice of motion, following order was passed on

04.02.2022: -

"Applicant-wife has filed the transfer application for seeking

transfer of the petition filed under Section 9 of the Hindu

Marriage Act, at the instance of respondent-husband, presently

1 of 5

pending in the Family Court, Gurugram, to the Court of

competent jurisdiction at Panipat.

It is now submitted by learned counsel for the applicant

that the applicant is residing with her aged and ailing mother

at Panipat, which is at a distance of about 150 kilometers from

Gurugram. Also, she has filed petition under Section 125

Cr.P.C., which is pending in the Courts at Panipat. Even, FIR

has been got registered at her instance, against the respondent

at Panipat. As such, it is difficult for her to pursue the

litigation thrusted upon her at the instance of her husband.

Learned counsel for the applicant states that the

applicant is interested to amicably settle the matter with the

with the respondent."

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.

2 of 5

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

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."

As per office report, the respondent is served, however, there is

3 of 5

no representation on his behalf.

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

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, Gurugram will be

transferred to the competent Court of jurisdiction at Panipat.

2. The District Judge, Panipat will assign the said petition to the

competent Court of jurisdiction.

3. The Family Court, Gurugram is directed to transfer all the

record pertaining to the aforesaid case to District Judge,

4 of 5

Panipat.

4. The parties are directed to appear before the Family Court,

Panipat within a period of 01 month from today.

Present petition is disposed of accordingly.

[ ARVIND SINGH SANGWAN ] JUDGE 08.08.2022 vishnu

Whether speaking/reasoned : Yes/No

Whether reportable: Yes/No

5 of 5