Punjab-Haryana High Court
Adity vs Jaswinder Singh on 22 July, 2022
TA-380-2022 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
TA-380-2022 (O&M)
Date of decision: 22.07.2022
Adity ...Petitioner
Versus
Jaswinder Singh ...Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present:- Mr. Munish Kumar Garg, Advocate
for the petitioner.
Mr. S. K. Aneja, Advocate
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, 1955,
titled as Jaswinder Singh vs. Adity, pending before the Family Court,
Fazilka to the competent Court of jurisdiction at Fatehabad.
Learned counsel for the petitioner has argued that on account of
a matrimonial discord, the petitioner has filed a petition under the Protection
of Women from Domestic Violence Act at Fatehabad, which is pending. It
is further submitted that as a counter-blast to the aforesaid case, the
respondent-husband has filed the present petition under Section 13 of the
Hindu Marriage Act at Fazilka 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 218 kms between Fazilka and
Fatehabad.
It is further submitted that the petitioner is having a minor son,
who is living in her care and custody, therefore, it is very difficult for her to
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TA-380-2022 (O&M) -2-
defend the said case at Fazilka.
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:-
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(i) The petition filed under Section 13 of the Hindu
Marriage Act, pending before the Family Court,
Fazilka will be transferred to the competent
Court of jurisdiction at Fatehabad.
(ii) The District Judge, Fatehabad will assign the
said petition to the competent Court of
jurisdiction.
(iii) The Family Court, Fazilka is directed to transfer
all the record pertaining to the aforesaid case to
District Judge, Fatehabad.
(iv) The parties are directed to appear before the trial
Court at Fatehabad 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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