Harwinder Kaur vs Kulwinder Saini
2022 Latest Caselaw 7186 P&H

TA-944-2021 (O&M)                                                       -1-


    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH

                                                       TA-944-2021 (O&M)
                                                 Date of decision: 19.07.2022

Harwinder Kaur                                                    ...Petitioner

                                        Versus

Kulwinder Saini                                                 ...Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-   Mr. Harish Goyal, Advocate
            for the petitioner.

            Mr. Ankit Chowdhary, Advocate
            for the respondent.

ARVIND SINGH SANGWAN, J. (Oral)

CM-8430-CII-2022

Prayer in this application is for preponing the date of the main

case which is fixed for 03.09.2022.

For the reasons stated in the application, the same is allowed.

Let the main case be preponed and taken up today itself.

TA-944-2021 (O&M)

Prayer in this petition is for transfer of the petition filed by the

respondent-husband under Section 13 of the Hindu Marriage Act, 1955,

titled as Kulwinder Saini vs. Harwinder Kaur, pending before the Family

Court, Hoshiarpur to the competent Court of jurisdiction at Chandigarh.

Learned 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. for grant of maintenance as well as a petition under the Protection of

Women from Domestic Violence Act at Chandigarh, which are pending, and

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as a counter-blast to the same, the respondent-husband has filed the present

petition under Section 13 of the Hindu Marriage Act at Hoshiarpur in order

to harass the petitioner. It is further submitted that the petitioner is facing

great difficulty in prosecuting the said case, as there is a distance of about

140 Kms between Chandigarh and Hoshiarpur.

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."

Learned counsel for the respondent-husband has opposed the

prayer of the petitioner-wife.

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

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that issuance of notice to the respondent has the consequences of staying

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 fact that in case notice of motion is issued, even the

respondent/husband has to bear the litigation expenses and in also in view

of the judgments rendereed in Sumita Singh's case (supra) and Rajani

Kishor Pardeshi's case (supra), this Court deems it appropriate to allow the

present petition, with the following directions:-

(i) The petition filed under Section 13 of the Hindu Marriage Act, pending before the Family Court, Hoshiarpur will be transferred to the competent Court of jurisdiction at Chandigarh.

                    (ii)    The District Judge, Chandigarh will assign the
                            said    petition   to   the   competent   Court    of
                            jurisdiction.

(iii) The Family Court at Hoshiarpur is directed to transfer all the record pertaining to the aforesaid case to District Judge, Chandigarh.

(iv) The parties are directed to appear before the trial Court at Chandgiarh within a period of 01 month from today.

However, liberty is granted to the respondent-husband to revive

this petition, if he intends to contest the same, provided that:-

(i) The respondent will clear all the arrears of maintenance amount, if any, in terms of the petition filed by the petitioner either under Section 125 C r.P.C. or Section 12 of the Domestic Violence Act or Section 24 of the Hindu Marriage Act.

(ii) The respondent will file an affidavit giving

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undertaking to pay Rs.1,000/- per day, to the petitioner for attending the Court proceedings at Hoshiarpur, on each and every date of hearing.

(iii) The respondent will bring a demand draft of Rs.25,000/- towards the litigation expenses of the petitioner to pursue the case at Hoshiarpur, in case the respondent opts to contest this petition.

19.07.2022                                     (ARVIND SINGH SANGWAN)
Waseem Ansari                                          JUDGE



                Whether speaking/reasoned                     Yes/No

                Whether reportable                            Yes/No




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