Kiranjit Kaur vs Surinder Singh
2022 Latest Caselaw 7567 P&H

TA-180-2022 (O&M)                                                            -1-

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

                                                             TA-180-2022 (O&M)
                                                       Date of decision: 22.07.2022

Kiranjit Kaur                                                           ...Petitioner

                                           Versus

Surinder Singh                                                         ...Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-   Mr. Ashok Kumar Sama, Advocate
            for the petitioner.

            Mr. V. K. Aneja, Advocate
            for the respondent.

ARVIND SINGH SANGWAN, J. (Oral)

On 25.02.2022, while issuing notice of motion, the following

order was passed:

"The petitioner, who is wife of the respondent, is seeking transfer of the case filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 ('Act' for short) from the Family Court, Sirsa to the Family Court at Fazilka.

Learned counsel for the petitioner contends that a petition under Section 125 Cr.P.C. is pending adjudication at Fazilka. The respondent has preferred a petition under Section 13 of the Act before the Family Court, Sirsa. He further contends that it is difficult for the petitioner, who does not have any independent source of income and is solely dependent upon her parents, to travel from Fazilka to Sirsa. Therefore, the petitioner wants transfer of the case under Section 13 of the Act to the Family Court at Fazilka.

Issue notice to the respondent returnable on 25.04.2022.

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 TA-180-2022 (O&M)                                                      -2-

Further proceedings before the Family Court at Sirsa shall remain stayed."

Learned counsel for the petitioner has argued that on account of

a matrimonial discord, the petitioner has filed the aforesaid petition under

Section 125 Cr.P.C. at Fazilka and as a counter-blast to the same, the

respondent-husband has filed the present petition under Section 13 of the

Hindu Marriage Act at Sirsa 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 150 kms. between the said two

places.

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, however, he could not rebut the arguments

made on behalf 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

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TA-180-2022 (O&M) -3-

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 13 of the Hindu Marriage Act, pending before the Family Court, Sirsa will be transferred to the competent Court of jurisdiction at Fazilka, Punjab.

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

(iii) The Family Court, Sirsa is directed to transfer all the record pertaining to the aforesaid case to District Judge, Fazilka.

(iv) The parties are directed to appear before the trial Court at Fazilka 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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