Vishally vs Suraj Partap Singh
2022 Latest Caselaw 7582 P&H

TA No.733 of 2022 (O&M)
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     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                             TA No.733 of 2022 (O&M)
                                            Date of decision: 22.07.2022

Vishally
                                                              ....Petitioner
                                  Versus
Suraj Partap Singh
                                                           ....Respondents

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. Naveen Batra, Advocate for the petitioner.

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, Garhshankar, District Hoshiarpur to the competent Court of

jurisdiction at Anandpur Sahib, District Rupnagar.

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

at Anandpur Sahib, District Rupnagar.

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, Garhshankar, District Hoshiarpur.

Counsel for the petitioner has also argued that on account

of a petition filed by the respondent/husband, the petitioner is facing

great difficulty in prosecuting the said case as there is a distance of

about 45 Kms from Anandpur Sahib, District Rupnagar to Garhshankar,

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District Hoshiarpur.

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.

After hearing the counsel for the petitioner, considering the

fact that issuance of notice to the respondent has the consequences of

staying further proceedings before the trial Court, otherwise the

petitioner/wife will have to bear the litigation expenses and

transportation expenses and in case, notice of motion is issued, even the

respondent/husband has to bear the litigation expenses and in view of

the judgments i.e. Sumita Singh's case (supra) and Rajani Kishor

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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, Garhshankar, District Hoshiarpur will be transferred to the competent Court of jurisdiction at Anandpur Sahib, District Rupnagar.

2. The District Judge, Rupnagar, will assign the said petition to the competent Court of jurisdiction.

3. The Family Court, Garhshankar, District Hoshiarpur is directed to transfer all the record pertaining to the aforesaid case to District Judge, Rupnagar.

4. The parties are directed to appear before the trial Court, Anandpur Sahib, District Rupnagar, within a period of 01 month from today.

However, liberty is granted to the respondent to revive this

petition, if he intent to contest the same, provided that:-

(a) The respondent will clear all arrears of maintenance amount, if any, in terms of a 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.

(b) The respondent will file an affidavit giving undertaking to pay Rs.1,000/- per day, to the petitioner for attending the Court proceedings at Garhshankar, District Hoshiarpur, on each and every date of hearing.

(c) The respondent will bring a demand draft of Rs.25,000/-

towards the litigation expenses of the petitioner to pursue the case at Garhshankar, District Hoshiarpur in case the respondent opt to contest this petition.

Disposed of.

(ARVIND SINGH SANGWAN) JUDGE

22.07.2022 yakub Whether speaking/reasoned: Yes/No

Whether reportable: Yes/No

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