Kirti vs Nitin Rohila
2022 Latest Caselaw 7451 P&H

Citation : 2022 Latest Caselaw 7451 P&H
Judgement Date : 21 July, 2022

Punjab-Haryana High Court

Kirti vs Nitin Rohila on 21 July, 2022

TA No.548 of 2020 (O&M)
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        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                                                TA No.548 of 2020 (O&M)
                                               Date of decision: 21.07.2022

Kirti
                                                                ....Petitioner
                                     Versus
Nitin Rohilla
                                                              ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. Surinder Gandhi, 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)(ie) of the Hindu Marriage Act, pending in the

Family Court, Camp Court, Bahadurgarh, District Jhajjar to the

competent Court of jurisdiction at Rohtak.

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. and a petition/complaint under the Domestic Violence Act

at Rohtak.

Counsel for the petitioner has further submitted that the

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

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

Family Court, Camp Court, Bahadurgarh, District Jhajjar.

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

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TA No.548 of 2020 (O&M)

about 45 Kms from Rohtak to Camp Court, Bahadurgarh, District

Jhajjar.

Counsel for the petitioner has further contended that the

petitioner is having a minor child, who is living in her care and custody

and she is facing difficulty to defend the case as she has to travel from

Rohtak to Camp Court, Bahadurgarh, District Jhajjar.

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

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.

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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

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)(ie) of the Hindu Marriage Act, pending before the Family Court, Camp Court, Bahadurgarh, District Jhajjar will be transferred to the competent Court of jurisdiction at Rohtak.

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

3. The Family Court, Camp Court, Bahadurgarh, District Jhajjar is directed to transfer all the record pertaining to the aforesaid case to District Judge, Rohtak.