Poonam Kumari vs Maharam
2022 Latest Caselaw 7462 P&H

Citation : 2022 Latest Caselaw 7462 P&H
Judgement Date : 21 July, 2022

Punjab-Haryana High Court

Poonam Kumari vs Maharam on 21 July, 2022

TA-570-2022                                                       -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                               TA-570-2022 (O&M)
                                               Date of decision: 21.07.2022

Poonam Kumari
                                                                  ....Petitioner



                                         Vs.

Maharam
                                                                ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:    Mr. A.K. Jain, Advocate
            for the petitioner.

                   *******

ARVIND SINGH SANGWAN, J. (Oral)

Prayer in this petition is for transfer of the petition filed by the

respondent-husband under Section 9 of the Hindu Marriage Act, pending in

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

Gurugram.

Learned 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 under Section 13(1)(ia)(ib) of Hindu Marriage

Act at Gurugram. It is further submitted 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 120 kms between

1 of 4

Bhiwani and Gurugram.

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."

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.

After hearing the counsel for the petitioner, considering the fact

that issuance of notice to the respondent has the consequences of staying

further proceedings before the trial Court, otherwise the petitioner-wife will

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

of the fact that even in case notice of motion is issued, even the

2 of 4

respondent/husband has to bear the litigation 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 9 of the Hindu Marriage Act,

pending before the Family Court, Bhiwani will be transferred

to the competent Court of jurisdiction at Gurugram.

2. The District Judge, Gurugram, will assign the said petition to

the competent Court of jurisdiction.

3. The Family Court, Bhiwani is directed to transfer all the

record pertaining to the aforesaid case(s) to District Judge,

Gurugram.

4. The parties are directed to appear before the trial Court,

Gurugram, within a period of 01 month from today.

5. Since the petitioner has also filed a petition under Section

13(1)(ia)(ib) of the Hindu Marriage Act at Gurugram, both the

petitions i.e. under Section 9 of HMA filed by the respondent-

husband and under Section 13(1)(ia)(ib) of HMA filed by the

petitioner be decided together.

However, liberty is granted to the respondent to revive this

petition, if he intent to contest the same, provided that:-

(a) The respondent will clear all arrears of maintenance amount,

3 of 4

if any, in terms of a petition filed by the petitioner either under

Section 125 Cr.P.C. or Section 12 of the Domestic Violence Act

or Section 24 of the Hindu Marriage Act.

(b) The respondent will file an affidavit giving undertaking to pay

Rs.1,000/- per day, to the petitioner for attending the Court

proceedings at Bhiwani, on each and every date of hearing.