Sarika Saini vs Nakul Kakkar
2022 Latest Caselaw 6655 P&H

TA No.913 of 2019 (O&M)
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     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                               TA No.913 of 2019 (O&M)
                                              Date of decision: 12.07.2022

Sarika Saini
                                                               ....Petitioner
                                    Versus
Nakul Kakkar
                                                             ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. Vikram Preet Arora, Advocate for the petitioner.

Mr. Puneet Kumar Bansal, Advocate for the respondent.

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, Ferozepur 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 a petition under the Domestic Violence Act 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, Ferozepur.

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 225 Kms from Patiala to Ferozepur.

Counsel for the petitioner has relied upon the judgments

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TA No.913 of 2019 (O&M)

"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."

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 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.

Counsel for the respondent has not disputed the factual

position but opposed the submissions made by counsel for the

petitioner.

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 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:-

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TA No.913 of 2019 (O&M)

1. The petition filed under Section 9 of the Hindu Marriage Act, pending before the Family Court, Ferozepur 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.

Disposed of.

                                         (ARVIND SINGH SANGWAN)
                                                  JUDGE

12.07.2022
yakub



             Whether speaking/reasoned:              Yes/No

             Whether reportable:                     Yes/No




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