Sushma vs Naveen
2022 Latest Caselaw 6779 P&H

Citation : 2022 Latest Caselaw 6779 P&H
Judgement Date : 13 July, 2022

Punjab-Haryana High Court

Sushma vs Naveen on 13 July, 2022

TA-84-2022                                                  -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                TA-84-2022 (O&M)
                                                Date of decision: 13.07.2022

Sushma
                                                                   ....Petitioner



                                          Vs.

Naveen
                                                                  ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Ankur Dua, Advocate
             for the petitioner.

             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, Sonipat, Camp Court at

Gohana to the competent Court of jurisdiction at Rohtak.

Learned counsel for the petitioner has argued that on account

of a matrimonial discord, the petitioner filed a petition under Section 125

Cr.P.C. and an FIR under Sections 406 & 498-A IPC at Rohtak. 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

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distance of about 80 kms from the residence of the petitioner to Camp

Court, Gohana.

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

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

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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, Sonipat,

Camp Court at Gohana will be transferred to the competent

Court of jurisdiction at Rohtak.