Reetu Verma vs Amandeep Singh
2022 Latest Caselaw 7694 P&H

Citation : 2022 Latest Caselaw 7694 P&H
Judgement Date : 25 July, 2022

Punjab-Haryana High Court

Reetu Verma vs Amandeep Singh on 25 July, 2022

TA No.990 of 2019 (O&M)
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     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                              TA No.990 of 2019 (O&M)
                                             Date of decision: 25.07.2022

Reetu Verma
                                                              ....Petitioner
                                   Versus
Amandeep Singh
                                                            ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. Lalit Kumar Yadav, Advocate for the petitioner.

Mr. Kamal Narula, Advocate for the respondent.

ARVIND SINGH SANGWAN J. (Oral)

Prayer in this petition is for transfer of the petition filed

under Section 12(1)(c) of the Hindu Marriage Act, pending in the

Family Court, Ludhiana to the competent Court of jurisdiction at

Charkhi Dadri.

Counsel for the petitioner has argued that on account of a

matrimonial discord, the petitioner has filed a petition/complaint under

the Domestic Violence Act at Charkhi Dadri.

Counsel for the petitioner has further submitted that the

respondent/husband has filed the petition under Section 12(1)(c) of the

Hindu Marriage Act, as a counter-blast, before the Principal Judge,

Family Court, Ludhiana.

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 330 Kms from Charkhi Dadri to Ludhiana.

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TA No.990 of 2019 (O&M)

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.

Counsel for the respondent has, however, not disputed the

factual position but opposed the submissions made by counsel for the

petitioner.

After hearing the counsel for the parties, considering the

fact that the petitioner/wife will have to bear the litigation expenses and

transportation expenses and in view of the judgments i.e. 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

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TA No.990 of 2019 (O&M)

allow the present petition, subject to the following conditions:-

1. The petition filed under Section 12(1)(c) of the Hindu Marriage Act, pending before the Family Court, Ludhiana will be transferred to the competent Court of jurisdiction at Charkhi Dadri.