Sumit Kaur vs Gurpreet Singh
2022 Latest Caselaw 6529 P&H

TA No.618 of 2022 (O&M)
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     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                             TA No.618 of 2022 (O&M)
                                            Date of decision: 11.07.2022

Sumit Kaur
                                                             ....Petitioner
                                  Versus
Gurpreet Singh
                                                           ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. Vivek Suri, Advocate for the petitioner.

ARVIND SINGH SANGWAN J. (Oral)

Prayer in this petition is for transfer of the petition filed

under Section 9 of the Hindu Marriage Act, pending in the Family

Court, Ambala to the competent Court of jurisdiction at Patiala.

Counsel for the petitioner has argued that on account of a

matrimonial discord, the petitioner has filed a petition under Section

125 Cr.P.C. and also got registered an FIR under Sections 406 and 498-

A IPC at Patiala.

Counsel for the petitioner has further submitted that the

respondent/husband has filed the petition under Section 9 of the Hindu

Marriage Act, as a counter-blast, before the Principal Judge, Family

Court, Ambala.

Counsel for the petitioner has also argued that on account

of a petition filed by the respondent/husband, the petitioner is facing

great difficulty in prosecuting the said case as there is a distance of

about 55 Kms from Patiala to Ambala.

Counsel for the petitioners has lastly, submitted that the

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petitioner is having 02 minor children, who are living in her care and

custody and she is facing difficulty to defend the case.

Counsel for the petitioner 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 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."

After hearing the counsel for the petitioner, considering the

fact that issuance of notice to the respondent has the consequences of

staying further proceedings before the trial Court and in view of the

judgments i.e. Sumita Singh's case (supra) and Rajani Kishor

Pardeshi'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, Ambala will be transferred to the competent Court of jurisdiction at Patiala.

2. The District Judge, Patiala, will assign the said petition to the competent Court of jurisdiction.

However, liberty is granted to the respondent to revive this

petition, if he intent to contest the same, provided that:-

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(a) The respondent will clear all the maintenance amount, if any, in terms of a petition filed by the petitioner.

(b) The respondent will undertake to pay Rs.1,000/- per day, to the petitioner for attending the Court proceedings at Ambala, on each and every date of hearing.

(c) The respondent will bring a demand draft of Rs.25,000/-

towards the litigation expenses of the petitioner to pursue the case at Ambala in case the respondent opt to contest this petition.

Disposed of.

(ARVIND SINGH SANGWAN) JUDGE

11.07.2022 yakub

Whether speaking/reasoned: Yes/No

Whether reportable: Yes/No

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