Punjab-Haryana High Court
Neelam vs Jasbir Singh on 21 July, 2022
TA No.151 of 2021(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA No.151 of 2021(O&M)
Date of decision: 21.07.2022
Neelam
....Petitioner
Versus
Jasbir Singh
....Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. S.K. Verma, Advocate
for the petitioner.
Mr. Pawan Attri, Advocate
for the respondent.
ARVIND SINGH SANGWAN J. (Oral)
Prayer in this petition is for transfer of the petition filed
under Section 9 of the Hindu Marriage Act, pending in the Family
Court, Camp Court, Tohana, District Fatehabad to the competent Court
of jurisdiction at Sirsa.
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
and also got registered an FIR under Sections 323, 406, 498-A, 506, 34
IPC at Sirsa.
Counsel for the petitioner has further submitted that the
respondent/husband has filed the petition under Section 9 of the Hindu
Marriage Act, as a counter-blast, before the Principal Judge, Family
Court, Camp Court, Tohana, District Fatehabad.
Counsel for the petitioner has also argued that on account
of a petition filed by the respondent/husband, the petitioner is facing
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great difficulty in prosecuting the said case as there is a distance of
about 100 Kms from Sirsa to Camp Court, Tohana, District Fatehabad.
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.
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 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
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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, Camp Court,
Tohana, District Fatehabad will be transferred to the
competent Court of jurisdiction at Sirsa.
2. The District Judge, Sirsa, will assign the said petition to
the competent Court of jurisdiction.
3. The Family Court, Camp Court, Tohana, District
Fatehabad is directed to transfer all the record pertaining
to the aforesaid case to District Judge, Sirsa.
4. The parties are directed to appear before the trial Court,
Sirsa, within a period of 01 month from today.
Disposed of.
(ARVIND SINGH SANGWAN)
JUDGE
21.07.2022
yakub Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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