Jagroop Kaur vs Ranjit Singh
2022 Latest Caselaw 6766 P&H

Citation : 2022 Latest Caselaw 6766 P&H
Judgement Date : 13 July, 2022

Punjab-Haryana High Court

Jagroop Kaur vs Ranjit Singh on 13 July, 2022

TA-641-2022                                                       -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                TA-641-2022 (O&M)
                                                Date of decision: 13.07.2022

Jagroop Kaur
                                                                 ....Petitioner



                                          Vs.



Ranjeet Singh
                                                               ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Vipan Kumar, Advocate
             for the petitioner.

                    *******

ARVIND SINGH SANGWAN, J. (Oral)

Prayer in this petition is for transfer of CM No.263 of 2021 in

CM No.188 of 2020 filed by the respondent-husband, pending in the Court

of Principal Judge, Family Court, Gurdaspur to the competent Court of

jurisdiction at Jalandhar.

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 120

kms between Jalandhar and Gurdaspur. It is further submitted that in terms

of decree of divorce dated 04.12.2018, both the parties have re-married.

1 of 4

Learned counsel has further contended that the petitioner is

having two minor children, who are living in her care and custody and she is

facing difficulty to defend the case, as she has to travel from Jalandhar to

Gurdaspur.

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

2 of 4

further proceedings before the trial Court, otherwise 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. CM No.263 of 2021 in CM No.188 of 2020 filed by the

respondent-husband, pending before the Principal Judge,

Family Court, Gurdaspur will be transferred to the competent

Court of jurisdiction at Jalandhar.

2. The District Judge, Jalandhar, 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 Gurdaspur, on each and every date of hearing.