Monika Malik vs Sachin
2022 Latest Caselaw 6760 P&H

TA No.148 of 2022 (O&M)
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     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                             TA No.148 of 2022 (O&M)
                                            Date of decision: 13.07.2022

Monika Malik
                                                             ....Petitioner
                                  Versus
Sachin
                                                           ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. Vikram Bali, Advocate for the petitioner.

None 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, Rohtak to the competent Court of jurisdiction at Panchkula.

Vide order dated 09.03.2022, the following order was

passed:-

"The applicant is seeking transfer of case bearing No.DMC 115/2022 titled as 'Sachin Vs. Monika' filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 pending in the Court of learned Principal Judge Family Court, Rohtak to a Court of competent jurisdiction at Panchkula from Rohtak.

Learned counsel for the applicant submits that the applicant was married with the respondent on 10.12.2021. He submits that the applicant is now living with her parents at Panchkula and is totally dependent on her parents for her survival. He submits that since the distance between Rohtak and Panchkula is more than 200 kilometers, she would be greatly inconvenienced to travel to Rohtak on each and every date of hearing. Learned counsel submits that a petition under Section 125 Cr.P.C. instituted prior in time by the applicant is pending at Family Court at Panchkula.

Notice of motion for 18.05.2022."

Counsel for the petitioner has argued that on account of a

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matrimonial discord, the petitioner has filed a petition under Section

125 Cr.P.C. at Panchkula.

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, Rohtak.

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 250 Kms from Panchkula to Rohtak.

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."

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

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family, connectivity of the place to and fro from her place of residence

as well as bearing of the litigation charges and travelling expenses.

As per the office report, the respondent has been served,

however, there is no representation on his behalf.

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:-

1. The petition filed under Section 9 of the Hindu Marriage Act, pending before the Family Court, Rohtak will be transferred to the competent Court of jurisdiction at Panchkula.

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

3. The Family Court, Rohtak is directed to transfer all the record pertaining to the aforesaid case to District Judge, Panchkula.

4. The parties are directed to appear before the trial Court, Panchkula, within a period of 01 month from today.

Disposed of.

(ARVIND SINGH SANGWAN) JUDGE

13.07.2022 yakub Whether speaking/reasoned: Yes/No

Whether reportable: Yes/No

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