Suman Singh vs Sunder Singh
2022 Latest Caselaw 816 P&H

Sr. No. 220
        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH
                                   TA-1091-2021
                                   Date of Decision: 18.02.2022

Smt. Suman Singh                                              ...Applicant
                                         Vs.
Sunder Singh                                                  ...Respondent

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present :   Mr. K.B. Sharma, Advocate,
            for the applicant.

            None for the respondent.
            (Presence marked through video conference).

ARUN MONGA, J. (ORAL)

Applicant-wife seeks transfer of petition filed by the

respondent-husband under Section 13 of the Hindu Marriage Act titled as

"Sunder Singh Vs. Smt. Suman" pending in the Family Court, Rohtak to the

Court of competent jurisdiction at Faridabad.

2. Learned counsel for the applicant submits that petition under

Section 125 Cr.P.C. filed by the petitioner against the respondent-husband is

already pending at Faridabad.

3. Learned counsel for the applicant submits that applicant is

working in Haryana Police and is presently posted at Women Cell, Sector

16, Faridabad. She has two sons. Her elder son, namely, Tarun had

undergone his cancer treatment although he has recovered from his cancer

disease but till date his treatment continues and the applicant has to take

special care of him. Her younger son is school going, who needs constant

care and attention of the mother. She cannot leave him behind to attend the

Court proceedings. He further submits that the distance from Rohtak to

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Faridabad is about 105 Kms. Therefore, it is difficult for her to go to Rohtak

on each date of hearing.

4. Despite service, none has put in appearance or filed power of

attorney on behalf of the respondent. In the premise, this Court is of the

view that respondent-husband has deemingly consented to the present

transfer application by not contesting the same.

5. I have heard learned counsel for the petitioner and have gone

through the record of the case.

6. Both the cases pending between the parties are aftermath of

matrimonial discord. Keeping in view the contentions in the application and

the conceded position that petition under Section 125 Cr.P.C. is already

pending at Faridabad, it would be proper, appropriate and in the interest of

justice if both cases are tried and decided at one place.

7. Learned counsel for the applicant also relies upon judgment of

Hon'ble Apex Court in case titled Sumita Singh Vs. Kumar Sanjay and

another, AIR 2002 SC 396, wherein it is held that transfer of matrimonial

proceedings initiated by the husband against wife, convenience of the wife

ought to be looked into.

8. In the premise, without going to the allegations/counter

allegations, the present transfer application is allowed. The petition in

question pending before the Family Court, Rohtak is ordered to be

withdrawn from that Court and is transferred to the District Judge,

Faridabad for its disposal in accordance with law by the Court concerned.

February 18, 2022                                     (ARUN MONGA)
vandana                                                   JUDGE
Whether speaking/reasoned:              Yes/No
Whether reportable:                     Yes/No

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