Punjab-Haryana High Court
Archana Athwal vs Bal Rishi on 13 July, 2022
TA No.331 of 2022 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA No.331 of 2022 (O&M)
Date of decision: 13.07.2022
Archana Athwal
....Petitioner
Versus
Bal Rishi
....Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Vinay Kataria, Advocate
for the petitioner.
Mr. S.K. Yadav, Advocate
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, Kurukshetra to the competent Court of jurisdiction at
Chandigarh.
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/complaint under the Domestic Violence Act
at Chandigarh.
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, Kurukshetra.
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
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TA No.331 of 2022 (O&M)
about 95 Kms from Chandigarh to Kurukshetra.
Counsel for the petitioner has further contended that the
petitioner is having a minor child, who is living in her care and custody
and she is facing difficulty to defend the case as she has to travel from
Chandigarh to Kurukshetra.
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
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 parties, 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
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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, Kurukshetra will be
transferred to the competent Court of jurisdiction at
Chandigarh.
2. The District Judge, Chandigarh, will assign the said
petition to the competent Court of jurisdiction.
3. The Family Court, Kurukshetra is directed to transfer all
the record pertaining to the aforesaid case to District
Judge, Chandigarh.
4. The parties are directed to appear before the trial Court,
Chandigarh, 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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