Manjit Kaur vs Krishan Lal
2022 Latest Caselaw 7218 P&H

TA No.125 of 2022 (O&M)
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     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                              TA No.125 of 2022 (O&M)
                                             Date of decision: 19.07.2022

Manjit Kaur
                                                              ....Petitioner
                                   Versus
Krishan Lal
                                                            ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. A.S. Dhindsa, Advocate for the petitioner.

None for the respondent.

ARVIND SINGH SANGWAN J. (Oral)

Prayer in this petition is for transfer of the petition filed

under Section 13(1)(a) of the Hindu Marriage Act, pending in the

Family Court, Ferozepur to the competent Court of jurisdiction at

Faridkot.

Vide order dated 15.03.2022, the following order was

passed:-

"The applicant is seeking transfer of a petition under Section 13 of Hindu Marriage Act filed by the respondent, which is pending in the Court of Principal Judge, Family Court, Ferozepur to a Court of competent jurisdiction at Faridkot.

Learned counsel inter alia contends that after she was thrown out of her matrimonial home by the respondent, she had been residing with her parents at Faridkot and living at their mercy. It would therefore be very difficult for her to travel alone from Faridkot to Ferozepur, which is almost 90 kms away, on each and every date of hearing.

On a pointed query put to learned counsel as to whether any other case is pending between the parties, he submits that one petition under Section 125 Cr.PC is pending before the Family Court, Faridkot, which,

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TA No.125 of 2022 (O&M)

however, was filed subsequently to the petition under Section 13 of Hindu Marriage Act at Ferozepur.

Notice of motion for 19.07.2022."

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. at Faridkot.

Counsel for the petitioner has further submitted that the

respondent/husband has filed the petition under Section 13(1)(a) of the

Hindu Marriage Act, as a counter-blast, before the Principal Judge,

Family Court, Ferozepur.

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

about 40 Kms from Faridkot to Ferozepur.

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

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TA No.125 of 2022 (O&M)

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.

As per the office report, the respondent has been served,

however, there is no representation on his behalf.

After hearing the counsel for the petitioner, 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

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(1)(a) of the Hindu Marriage Act, pending before the Family Court, Ferozepur will be transferred to the competent Court of jurisdiction at Faridkot.

2. The District Judge, Faridkot, will assign the said petition to the competent Court of jurisdiction.

3. The Family Court, Ferozepur is directed to transfer all the record pertaining to the aforesaid case to District Judge, Faridkot.

4. The parties are directed to appear before the trial Court, Faridkot, within a period of 01 month from today.

Disposed of.

(ARVIND SINGH SANGWAN) JUDGE 19.07.2022 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

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