Satinder Kaur And Anr vs Sukhwinder Singh
2022 Latest Caselaw 6759 P&H

TA-1246-2021                                                       -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                               TA-1246-2021 (O&M)
                                               Date of decision: 13.07.2022

Satinder Kaur and another
                                                                  ....Petitioners



                                         Vs.

Sukhwinder Singh
                                                                ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. B.S. Chahal, Advocate
             for the petitioners.

             None for the respondent.

                   *******

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 District Judge, Family Court, Faridkot to the competent

Court of jurisdiction at Ferozepur.

Learned counsel for the petitioners has argued that on account

of a matrimonial discord, petitioner No.1 filed a petition/complaint under

Domestic Violence Act at Ferozepur. It is further submitted 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 70 kms

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from Ferozepur to Faridkot.

Learned counsel has further contended that petitioner No.1-

wife is having one minor child, who is living in her care and custody at

Ferozepur and she is facing difficulty to defend the case, as she has to travel

from Ferozepur to Faridkot.

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."

As per office report, the respondent is served, however, there is

no representation on his behalf.

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

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and travelling expenses.

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 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 District Judge, Family Court, Faridkot will

be transferred to the competent Court of jurisdiction at

Ferozepur.

2. The District Judge, Ferozepur, will assign the said petition to

the competent Court of jurisdiction.

Petition is disposed of.

[ ARVIND SINGH SANGWAN ] JUDGE 13.07.2022 vishnu

Whether speaking/reasoned : Yes/No

Whether reportable: Yes/No

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