Punjab-Haryana High Court
Sarita vs Ravi Kumar on 13 July, 2022
TA-439-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA-439-2022 (O&M)
Date of decision: 13.07.2022
Sarita
....Petitioner
Vs.
Ravi Kumar
....Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Ranvijay Singh, Advocate
for the petitioner.
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ARVIND SINGH SANGWAN, J. (Oral)
Prayer in this petition is for transfer of the petition filed by the
respondent-husband under Section 13 of the Hindu Marriage Act, pending
in the Court of Principal Judge, Family Court, Mahendergarh to the
competent Court of jurisdiction at Rewari.
Learned counsel for the petitioner has 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 57 kms
between Mahendergarh and Rewari.
Learned counsel has further contended that the petitioner is
having a minor child, who is living in her care and custody and she is facing
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difficulty to defend the case, as she has to travel from Rewari to
Mahendergarh.
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
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
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 petitioner, 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 view
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of the judgments in 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 13 of the Hindu Marriage Act,
pending before the Principal Judge, Family Court,
Mahendergarh will be transferred to the competent Court of
jurisdiction at Rewari.
2. The District Judge, Rewari, 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:-
(a) The respondent will clear all arrears of maintenance amount,
if any, in terms of a 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 Mahendergarh, 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 Mahendergarh, in case the respondent opt to contest
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this petition.
Present petition is disposed of accordingly.
[ ARVIND SINGH SANGWAN ]
JUDGE
13.07.2022
vishnu
Whether speaking/reasoned : Yes/No
Whether reportable: Yes/No
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