Punjab-Haryana High Court
Jaswinder Kaur @ Jassi vs Harpreet Singh on 5 December, 2022
T.A.No. 1505 of 2022 (O&M) 1 117
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Transfer Application No. 1505 of 2022
Date of decision: 05.12.2022
Jaswinder Kaur @ Jassi
..........Petitioner
vs
Harpreet Singh
...........Respondent
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present:- Ms. Sukhpreet Kaur, Advocate
for the petitioner.
NIDHI GUPTA, J.(Oral)
1. Prayer in this petition filed by petitioner-wife is for
transfer of the petition filed by respondent-husband under Section 32
of Indian Divorce Act, titled "Harpreet Singh vs. Jaswinder Kaur @
Jassi" pending in the Court of Principal Judge, Family Court,
Gurdaspur Camp Court at Batala to a Court of competent jurisdiction
at Nakodar, District Jalandhar.
2. Learned counsel for the petitioner submits :-
i) That the parties were married on 21.1.2021 according to
Christian rites and rituals.
ii) That a male child was born out of this wedlock, who is
around 15 days of age and is in the care and custody of
the petitioner.
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iii) That the petitioner-wife is living separately from the
respondent-husband since May 2022 and living with her
parents at their mercy at Shahkot, District Jalandhar.
iv) That the petitioner is unemployed, having no source of
income and totally dependent upon her parents and the
respondent-husband is not paying anything to her towards
maintenance.
v) The respondent-husband has filed the petition under
Section 32 of Indian Divorce Act, which is pending before
the Principal Judge, Family Court, Gurdaspur Camp Court
at Batala.
vi) The proceedings arising out of criminal complaint filed by
the petitioner-wife addressed to the Senior Superintendent
of Police (Rural) Jalandhar, at the time when she was
turned out from matrimonial home, is pending at
Jalandhar.
vii) That the distance between place of residence of the
petitioner-wife i.e. Shahkot and the place of proceedings
under Section 32 of the Indian Divorce Act filed by the
respondent-husband, pending before the Principal Judge,
Family Court, Gurdaspur Camp Court at Batala, is about
100 kilometers of one side.
viii) That there is no proficient male member in the family of
petitioner who can accompany her to the Court of
proceedings pending at Gurdaspur Camp Court at Batala.
3. It is inter alia on these grounds that petitioner prays for
transfer of the case, as detailed in para 1 above.
4. I have heard learned counsel for the petitioner.
The legal position in such like cases as the present one, is
well established. In this regard, judgment of the Hon'ble Supreme
Court rendered in N.C.V. Aishwarya vs A.S. Saravana Karthik
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Sha," 2022 Live Law (SC) 627, is most relevant wherein the Hon'ble
Supreme Court has held as under:-
"9. 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.
10. 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."
5. Further reliance can be placed upon the judgments in
"Sumita Singh vs Kumar Sanjay", 2002 SC 396 and "Rajani
Kishor Pardeshivs Kishor Babulal Pardeshi", 2005(12) SCC 237,
wherein the Hon'ble Supreme Court has 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."
6. Even this Court in number of cases has followed the
aforesaid principle of law. Accordingly, it is well settled that while
considering the transfer of a matrimonial dispute/case, at the instance
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of the wife, the Court is to consider the family condition of the wife,
the custody of the minor child, economic condition of the wife, her
physical health and earning capacity of the husband and most
important the 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.
7. After going through the entire paper-book, 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 case, notice of motion is issued, even
the respondent-husband has to bear the litigation expenses and in view
of the judgments i.e. 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 deems it appropriate to
allow the present petition, subject to the following conditions:-
a) The petition filed by respondent husband under
Section 32 of the Indian Divorce Act, bearing No.
HMA/314/2022 titled as 'Harpreet Singh vs.
Jaswinder Kaur @ Jassi', pending in the Court of
Principal Judge, Family Court, Gurdaspur Camp
Court at Batala is transferred to a Court of
competent jurisdiction at Nakodar, District
Jalandhar.
b) The ld. District Judge, Gurdaspur is directed to
transfer complete record pertaining to the aforesaid
case to District Judge, Jalandhar.
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c) The parties are directed to appear before the District
& Sessions Judge, Jalandhar on 23.12.2022.
d) The District Judge, Jalandhar will assign the said
petition to the Court of competent jurisdiction.
8. The concerned Court at Jalandhar will make all
endeavour to refer the case before the Mediation and Conciliation
Centre for exploring the possibility of some amicable settlement
between the parties.
9. The Court concerned, where the litigation pending
between the parties, will accommodate them with one date in one
calendar month.
10. However, liberty is granted to the respondent to revive
this petition, if he intends to contest the same, provided that:-
(a) The respondent will clear all arrears of maintenance
amount, if any, in terms of any 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.
(b) The respondent will file an affidavit giving
undertaking to pay Rs.1,000/- per day, to the
petitioner for attending the Court proceedings at
District Courts, Gurdaspur on each and every date
of hearing.
(c) The respondent will bring a demand draft of
Rs.25,000/-, drawn in favour of petitioner, towards
the litigation expenses to pursue the case at District
Gurdaspur in case the respondent opts to contest
this petition.
11. I am supported by the decisions rendered by a Co-ordinate
Bench of this Court in TA No. 1315/2022, Rohini Arora v Nitin
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Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet
Singh; and TA No. 1323 of 2022, Usha Rani v Karmajit Singh.
12. As already noticed above, since the petition is being
disposed of without issuing notice to the respondent, accordingly, in
these peculiar circumstances, in order to ensure appearance of the
parties before the District Judge, Jalandhar on 23.12.2022, it is directed
that a copy of this order be sent to the respondent through registered
post, besides sending a copy of this order to the District Judges
concerned through e-mail. Petitioner through her counsel, present in
the Court, is directed to ensure her appearance accordingly.
Disposed of.
Pending application(s), if any, stands disposed of.
December 05, 2022 ( NIDHI GUPTA )
Vijay Asija JUDGE
Whether speaking/reasoned YES/NO
Whether Reportable YES/NO
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