Rajwant Kaur vs Amandeep Singh
2022 Latest Caselaw 7307 P&H

Citation : 2022 Latest Caselaw 7307 P&H
Judgement Date : 20 July, 2022

Punjab-Haryana High Court

Rajwant Kaur vs Amandeep Singh on 20 July, 2022

TA No.108 of 2021 (O&M)
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     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                             TA No.108 of 2021 (O&M)
                                            Date of decision: 20.07.2022

Rajwant Kaur
                                                             ....Petitioner
                                  Versus
Amandeep Singh
                                                           ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. H.S. Batth, 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 of the Hindu Marriage Act, pending in the Family

Court, Gurdaspur to the competent Court of jurisdiction at Tarn Taran.

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 Tarn Taran.

Counsel for the petitioner has further submitted that the

respondent/husband has filed the petition under Section 13 of the Hindu

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

Court, Gurdaspur.

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 100 Kms from Tarn Taran to Gurdaspur.

Counsel for the petitioner has relied upon the judgments

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TA No.108 of 2021 (O&M)

"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

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.

Counsel for the respondent has, however, not disputed the

factual position but opposed the submissions made by counsel for the

petitioner.

After hearing the counsel for the petitioner/parties,

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

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TA No.108 of 2021 (O&M)

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 Family Court, Gurdaspur will be transferred to the competent Court of jurisdiction at Tarn Taran.