Parwinder Kaur vs Gurmeet Singh Maan
2022 Latest Caselaw 7194 P&H

TA-54-2022 (O&M)                                                          -1-

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

                                                           TA-54-2022 (O&M)
                                                   Date of decision: 19.07.2022

Parwinder Kaur                                                      ...Petitioner

                                          Versus

Gurmeet Singh Maan                                                ...Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-     Mr. P. S. Bhandari, 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(1A)(ii) of the Hindu Marriage Act,

1955, titled as Gurmeet Singh Maan vs. Parwinder Kaur, pending before

the Family Court, Moga to the competent Court of jurisdiction at

Malerkotla.

On 08.02.2022, while issuin notice of motion, the following

order was passed:

"It is submitted by learned counsel for the applicant that the applicant is residing along with her son at village Bagrian, District Sangrur. She had also filed application under Section 125 Cr.P.C., which was decided and the execution relating to the same is also pending in Family Court, Malerkotla. The distance between her place of residence and Moga is about 140 kilometers. As such, it is difficult for her to pursue the litigation thrusted upon her at the instance of her husband.

Notice of motion for 20.04.2022."

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Learned counsel for the petitioner has argued that on account of

a matrimonial discord, the petitioner has filed the aforesaid case at

Malerkotla and as a counter-blast to the same, the respondent-husband has

filed the present petition under Section 13(1A)(ii) of the Hindu Marriage

Act at Moga in order to harass the petitioner and the petitioner is facing

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

140 kms between Moga and Malerkotla.

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 through

affixation, 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.

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 TA-54-2022 (O&M)                                                        -3-

After hearing the counsel for the petitioner, considering the fact

that if the aforesaid petition is not transferred, the petitioner-wife will have

to bear the litigation expenses and transportation expenses and also in view

of the ratio of law laid down by Hon'ble Supreme Court 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(1A)(ii) of the Hindu Marriage Act, pending before the Family Court, Moga will be transferred to the competent Court of jurisdiction at Malerkotla.

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

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

(iv) The parties are directed to appear before the trial Court at Malerkotla 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 undertaking to pay Rs.1,000/- per day, to the petitioner for attending the Court proceedings at Moga, on each and every date of hearing.

(iii) The respondent will bring a demand draft of

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Rs.25,000/- towards the litigation expenses of the petitioner to pursue the case at Moga, 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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