Punjab-Haryana High Court
Manmeet Kaur vs Atambir Singh on 13 July, 2022
TA No.253 of 2022 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA No.253 of 2022 (O&M)
Date of decision: 13.07.2022
Manmeet Kaur
....Petitioner
Versus
Atambir Singh
....Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Sandeep Gorsi, 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 13 of the Hindu Marriage Act, pending in the Family
Court, Tarn Taran to the competent Court of jurisdiction at Amritsar.
Vide order dated 15.03.2022, the following order was
passed:-
"The applicant is seeking transfer of a petition
under Section 13 of Hindu Marriage Act filed by the
respondent, which is pending in the Court of Principal
Judge, Family Court, Tarn Taran to a Court of competent
jurisdiction at Amritsar.
Learned counsel inter alia contends that after she
was thrown out of her matrimonial home by the
respondent, she had been residing with her parents at
Amritsar and living at their mercy. It would therefore be
very difficult for her to travel alone from Amritsar to Tarn
Taran, which is almost 42 kms away, on each and every
date of hearing.
On a pointed query put to learned counsel as to
whether any other case is pending between the parties, he
submits that following three petitions are pending before
the Courts at Amritsar:
(i) Section 125 Cr.P.C.
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(ii) another petition under Domestic Violence Act
(iii) a criminal complaint under Sections 406 and 498-A
IPC
Notice of motion for 13.07.2022."
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 as well as a
criminal complaint under Sections 406 and 498-A IPC at Amritsar.
Counsel for the petitioner has further submitted that the
respondent/husband has filed the petition under Section 13 of the Hindu
Marriage Act, as a counter-blast, before the Principal Judge, Family
Court, Tarn Taran.
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 42 Kms from Amritsar to Tarn Taran.
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
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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.
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 13 of the Hindu Marriage
Act, pending before the Family Court, Tarn Taran will be
transferred to the competent Court of jurisdiction at
Amritsar.
2. The District Judge, Amritsar, will assign the said petition
to the competent Court of jurisdiction.
3. The Family Court, Tarn Taran is directed to transfer all
the record pertaining to the aforesaid case to District
Judge, Amritsar.
4. The parties are directed to appear before the trial Court,
Amritsar, 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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