Punjab-Haryana High Court
Milan Singh vs Jaswinder Singh on 20 July, 2022
TA-359-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA-359-2022 (O&M)
Date of decision: 20.07.2022
Milan Singh
....Petitioner
Vs.
Jaswinder Singh
....Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Naren Pratap Singh, 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 of the Hindu Marriage Act, pending
before the Family Court, Ambala to the competent Court of jurisdiction at
Pathankot.
Learned counsel for the petitioner has argued that on account of
aforesaid petition filed by the respondent-husband, the petitioner is facing
great difficulty in prosecuting the said case, as there is a distance of about
300 kms from Pathankot to Ambala.
Learned counsel has further contended that the petitioner has
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no source of income and is having two minor children, who is living in her
care and custody and she is facing difficulty to defend the case, as she has to
travel from Pathankot to Ambala and even the present petition has been filed
through legal aid counsel.
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 has refused to accept the
summons, which is a deemed service.
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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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 in 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 of the Hindu Marriage Act,
pending before the Family Court, Ambala will be transferred to
the competent Court of jurisdiction at Pathankot.
2. The District Judge, Pathankot, will assign the said petition to
the competent Court of jurisdiction.
3. The Family Court, Ambala is directed to transfer all the record
pertaining to the aforesaid case(s) to District Judge,
Pathankot.
4. The parties are directed to appear before the District Judge,
Pathankot within a period of 01 month from today.
Present petition is disposed of accordingly.
[ ARVIND SINGH SANGWAN ]
JUDGE
20.07.2022
vishnu
Whether speaking/reasoned : Yes/No
Whether reportable: Yes/No
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