Jaswinder Kaur vs Gurvinder Singh
2022 Latest Caselaw 7564 P&H

TA-89-2019 (O&M)                                                      -1-

    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH

                                                         TA-89-2019 (O&M)
                                                 Date of decision: 22.07.2022

Jaswinder Kaur                                                   ...Petitioner

                                        Versus

Gurvinder Singh                                                ...Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-   Ms. Simsi Dhir Malhotra, Advocate
            for the petitioner.

            Mr. Deepak Malhotra, Advocate
            for the respondent.

ARVIND SINGH SANGWAN, J. (Oral)

This petition is pending since 2019 and on Prayer in this

petition is for transfer of the petition filed by the respondent-husband under

Section 9 of the Hindu Marriage Act, 1955, titled as Gurvinder Singh vs.

Jaswinder Kaur, pending before the Civil Judge (Sr. Divn.), Patiala to the

competent Court of jurisdiction at Hoshiarpur.

This petition is pending since 2019 and on 30.01.2019,

proceedings before the trial Court was stayed.

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. at Hoshiarpur and as a counter-blast to the same, the respondent-

husband has filed the present petition under Section 9 of the Hindu

Marriage Act at Patiala in order to harass the petitioner-wife. It is further

submitted that the petitioner is facing great difficulty in prosecuting the

said case, as there is a distance of about 170 kms between the aforesaid two

places.

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 TA-89-2019 (O&M)                                                        -2-

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."

Learned counsel for the respondent-husband has opposed the

prayer of the petitioner-wife.

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 if the aforesaid petition is not transferred, the petitioner-wife will have

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

of the ratio of law laid down by Hon'ble Supreme Court in Sumita Singh's

case (supra) and Rajani Kishor Pardeshi's case (supra), this Court deems it

appropriate to allow the present petition, with the following directions:-

(i) The petition filed under Section 9 of the Hindu

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TA-89-2019 (O&M) -3-

Marriage Act, pending before the Civil Judge (Sr. Divn.), Patiala will be transferred to the competent Court of jurisdiction at Hoshiarpur.

                        (ii)    The District Judge, Hoshiarpur will assign the
                                said     petition    to   the   competent   Court    of
                                jurisdiction.

(iii) The Civil Judge (Sr. Divn.), Patiala is directed to transfer all the record pertaining to the aforesaid case to District Judge, Hoshiarpur.

(iv) The parties are directed to appear before the trial Court at Hoshiarpur within a period of 01 month from today.

22.07.2022                                          (ARVIND SINGH SANGWAN)
Waseem Ansari                                               JUDGE


                Whether speaking/reasoned                         Yes/No

                Whether reportable                                Yes/No




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