Kulwant Kaur vs Ashwani Kumar
2022 Latest Caselaw 7695 P&H

Citation : 2022 Latest Caselaw 7695 P&H
Judgement Date : 25 July, 2022

Punjab-Haryana High Court

Kulwant Kaur vs Ashwani Kumar on 25 July, 2022

TA-741-2022                                                        -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                TA-741-2022 (O&M)
                                                Date of decision: 25.07.2022

Kulwant Kaur
                                                                   ....Petitioner



                                          Vs.

Ashwani Kumar and another
                                                                ....Respondents

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Vaneet Thakur, 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 Sections 7 & 25 of the Guardians and Wards Act,

1890, pending in the Court of Family Court, Jalandhar to the competent

Court of jurisdiction at Hoshiarpur.

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., which is pending before the Family Court, Hoshiarpur. 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 60 kms between Hoshiarpur and Jalandhar.

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Learned counsel has further contended that the petitioner is

having two minor children, who are living in her care and custody and she is

facing difficulty to defend the case, as she has to travel from Hoshiarpur to

Jalandhar.

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

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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

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 7 & 25 of the Guardians and

Wards Act, 1890, pending before the Family Court, Jalandhar

will be transferred to the competent Court of jurisdiction at

Hoshiarpur.

2. The District Judge, Hoshiarpur, will assign the said petition to

the competent Court of jurisdiction.

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

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

Hoshiarpur.

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

Hoshiarpur 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

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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 Jalandhar, on each and every date of hearing.