Punjab-Haryana High Court
Roop Kaur vs Ritu Singh @ Neetu @ Harpal Singh on 19 July, 2022
TA-1077-2019 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
TA-1077-2019 (O&M)
Date of decision: 19.07.2022
Roop Kaur ...Petitioner
Versus
Ritu Singh @ Neetu @ Harpal Singh ...Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present:- Mr. Manoj Kaushik, Advocate
for the petitioner.
None for the respondent.
ARVIND SINGH SANGWAN, J. (Oral)
CM-8483-CII-2022
Prayer in this application is for preponing the date of the main
case which is fixed for 23.08.2022.
For the reasons stated in the application, the same is allowed.
Let the main case be preponed and taken up today itself.
TA-1077-2019 (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 Ritu Singh @ Neetu vs. Roop Kaur, pending before the Family
Court, Barnala to the competent Court of jurisdiction at Ludhiana.
This transfer application is pending since 2019 and while
issuing notice of motion on 28.11.2019, further proceedings before the trial
Court were stayed.
Learned counsel for the petitioner has argued that on account of
a matrimonial discord, the petitioner has filed a petition under Section 125
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Cr.P.C. for grant of maintenance as well as a petition under Section 12 of
the Protection of Women from Domestic Violence Act at Ludhiana, which
are pending, and as a counter-blast to the same, the respondent-husband has
filed the present petition under Section 13 of the Hindu Marriage Act at
Barnala 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 80 Kms between Barnala and Ludhiana.
It is further submitted that the petitioner is having a minor
child, who is living in her care and custody, therefore, it is very difficult for
her to defend the said case at Barnala.
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
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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
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,
Barnala will be transferred to the competent
Court of jurisdiction at Ludhiana.
(ii) The District Judge, Ludhiana will assign the said
petition to the competent Court of jurisdiction.
(iii) The Family Court at Barnala is directed to
transfer all the record pertaining to the aforesaid
case to District Judge, Ludhiana.
(iv) The parties are directed to appear before the trial
Court at Ludhiana 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
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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
undertaking to pay Rs.1,000/- per day, to the
petitioner for attending the Court proceedings at
Barnala, 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 Barnala, 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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