Punjab-Haryana High Court
Pandeep Kaur vs Harjinder Singh on 22 July, 2022
TA-24-2021 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
TA-24-2021 (O&M)
Date of decision: 22.07.2022
Pandeep Kaur ...Petitioner
Versus
Harjinder Singh ...Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present:- Ms. Gurneet Sagoo, Advocate
for the petitioner.
None 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 Harjinder Singh vs. Pandeep Kaur, pending before the District &
Sessions Judge, Tarn Taran to the competent Court of jurisdiction at Batala.
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. for grant of maintenance as well as a petition under the Protection of
Women from Domestic Violence Act at Batala, which are pending. It is
further submitted that as a counter-blast to the aforesaid cases, the
respondent-husband has filed the present petition under Section 13 of the
Hindu Marriage Act at Tarn Taran 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 72 kms between the aforesaid
two places.
It is further submitted that the petitioner is having a minor
1 of 4
TA-24-2021 (O&M) -2-
child, who is living in her care and custody, therefore, it is very difficult for
her to defend the said case at Tarn Taran.
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."
There is no representation on behalf of the respondent-husband,
despite service.
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
2 of 4
TA-24-2021 (O&M) -3-
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 District &
Sessions Judge, Tarn Taran will be transferred to
the competent Court of jurisdiction at Batala.
(ii) The District Judge, Gurdaspur will assign the
said petition to the competent Court of
jurisdiction.
(iii) The District & Sessions Judge, Tarn Taran is
directed to transfer all the record pertaining to
the aforesaid case to District Judge, Gurdaspur.
(iv) The parties are directed to appear before the trial
Court at Batala within a period of 01 month from
today.
However, liberty is granted to the respondent-husband to revive
this petition, if he intends to contest the same, provided that:-
(i) The respondent will clear all the arrears of
maintenance amount, if any, in terms of the
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.
(ii) The respondent will file an affidavit giving
undertaking to pay Rs.1,000/- per day, to the
petitioner for attending the Court proceedings at
Tarn Taran, on each and every date of hearing.
3 of 4
TA-24-2021 (O&M) -4-
(iii) The respondent will bring a demand draft of
Rs.25,000/- towards the litigation expenses of the
petitioner to pursue the case at Tarn Taran, in
case the respondent opts to contest this petition.
22.07.2022 (ARVIND SINGH SANGWAN)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
4 of 4
