Rupinder Kaur vs Nitish Sharma
2022 Latest Caselaw 7587 P&H

TA-734-2022                                                        -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                TA-734-2022 (O&M)
                                                Date of decision: 22.07.2022

Dr. Rupinder Kaur
                                                                   ....Petitioner



                                          Vs.

Dr. Nitish Sharma
                                                                 ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Onkar Singh, Advocate
             for the petitioner.

                    *******

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, pending

in the Court of Family Court, Patiala to the competent Court of jurisdiction

at Fatehgarh Sahib.

Learned counsel for the petitioner has argued that on account

of a matrimonial discord, the petitioner has registered an FIR No.130 dated

22.07.2020 under Sections 406, 498-A IPC at Fatehgarh Sahib. It is further

submitted 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 50 kms between Patiala and Fatehgarh Sahib.

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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."

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 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 view

of the fact that even in case notice of motion is issued, even the

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

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judgments in Sumita Singh's case (supra) and Rajani Kishor 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 13 of the Hindu Marriage Act,

pending before the Family Court, Patiala will be transferred to

the competent Court of jurisdiction at Fatehgarh Sahib.

2. The District Judge, Fatehgarh Sahib, will assign the said

petition to the competent Court of jurisdiction.

3. The Family Court, Patiala is directed to transfer all the record

pertaining to the aforesaid case(s) to District Judge,

Fatehgarh Sahib.

4. The parties are directed to appear before the trial Court,

Fatehgarh Sahib, 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 Patiala, on each and every date of hearing.

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

towards the litigation expenses of the petitioner to pursue the

case at Patiala, in case the respondent opt to contest this

petition.

Present petition is disposed of accordingly.

[ ARVIND SINGH SANGWAN ] JUDGE 22.07.2022 vishnu

Whether speaking/reasoned : Yes/No

Whether reportable: Yes/No

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