Punjab-Haryana High Court
Satwant Kaur vs Charanjit Singh on 8 August, 2022
TA-703-2018
TA-1163-2019 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision: 08.08.2022
1. TA-703-2018 (O&M)
Satwant Kaur
....Petitioner
Vs.
Charanjit Singh
....Respondent
2. TA-1163-2019 (O&M)
Charanjit Singh
....Petitioner
Vs.
Satwant Kaur
....Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. S.K. Arora, Advocate
for the petitioner (in TA-703-2018) and
for the respondent (in TA-1163-2019).
Mr. Parminder Singh-I, Advocate (legal aid counsel)
for the petitioner (in TA-1163-2019) and
for the respondent (in TA-703-2018).
*******
ARVIND SINGH SANGWAN, J. (Oral)
Prayer in TA-703-2018, filed by petitioner Satwant Kaur, is for
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TA-703-2018
transfer of the petition filed by the respondent-husband under Section 9 of
the Hindu Marriage Act (for short 'HM Act'), pending before the Civil
Judge (Jr. Divn.), Bathinda to the competent Court of jurisdiction at
Faridkot.
Prayer in TA-1163-2019, filed by petitioner Charanjeet Singh,
is for transfer of the petition filed by the respondent-wife under Section 13
of HM Act, pending before the Family Court, Faridkot to the competent
Court of jurisdiction at Bathinda.
On 30.11.2018, while issuing notice of motion, case was
referred to the Mediation and Conciliation Centre of this Court, however, on
both the occasions, when the case was sent, no amicable settlement could be
arrived at between the parties and the same is transferred back to the Court.
Learned counsel for petitioner Satwant Kaur has argued that
since the petition under Section 9 of HM Act filed by husband Charanjeet
Singh and petition under Section 13 of HM Act filed by wife Satwant Kaur
deserve to be decided by one Court, so as to pass an effective order, the
petition under Section 9 of HM Act filed by husband Charanjeet Singh be
transferred from Bathinda to Faridkot, as petitioner Satwant Kaur is facing
great difficulty in prosecuting the petition filed by the respondent, as there is
a distance of about 70 kms from Faridkot to Bathinda.
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
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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
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
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together by the same Judge so as to avoid multiplicity in trial
of the same issues and conflict of decisions."
Reply filed in TA-703-2018 is on record, in which an objection
has been raised that the children are residing with the husband and he has
old age parents.
Learned counsel for husband Charanjeet Singh has, however,
opposed the prayer for transfer of petition under Section 9 of HM Act filed
by husband Charanjeet Singh.
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 parties, considering the fact
that the petitioner-wife, in TA-703-2018, 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 and
also in view of the fact that no amicable settlement could be arrived at
between the parties, despite reference to Mediation and Conciliation Centre
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of this Court twice, this Court deem it appropriate to allow the petition filed
by petitioner-wife Satwant Kaur, in TA-703-2018,, subject to the following
conditions:-
1. The petition filed under Section 9 of the Hindu Marriage Act,
pending before the Civil Judge (Jr. Divn.), Bathinda will be
transferred to the competent Court of jurisdiction at Faridkot.
2. The District Judge, Faridkot will assign the said petition to the
competent Court of jurisdiction.
3. The Family Court, Bathinda is directed to transfer all the
record pertaining to the aforesaid case to District Judge,
Faridkot.
4. The parties are directed to appear before the Family Court,
Faridkot within a period of 01 month from today.
In view of the above, TA-1163-2019, filed by petitioner-
husband Charanjeet Singh praying for transfer of petition under Section 13
of HM Act, filed by petitioner-wife, in TA-703-2018, is dismissed.
A photocopy of this order be placed on file of connected case.
[ ARVIND SINGH SANGWAN ]
JUDGE
08.08.2022
vishnu
Whether speaking/reasoned : Yes/No
Whether reportable: Yes/No
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