Sonia vs Sachin Kumar
2022 Latest Caselaw 7791 P&H

TA-200-2022                                                       -1-



        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH


                                               TA-200-2022 (O&M)
                                               Date of decision: 26.07.2022

Sonia
                                                                  ....Petitioner



                                         Vs.



Sachin Kumar
                                                                ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:    Mr. Dhruv Gupta, Advocate
            for the petitioner.

            Mr. Bharat Puri, Advocate
            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 9 of the Hindu Marriage Act, pending

before the Family Court, Jalandhar to the competent Court of jurisdiction at

Ambala.

While issuing notice of motion, following order was passed by

this Court on 21.03.2022: -

"The applicant is seeking transfer of a petition bearing

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No.HMA-41-2022 titled as 'Sachin Kumar Vs. Sonia' filed by

the respondent under Section 9 of the Hindu Marriage Act,

1955 which is pending in the Court of learned Principal Judge,

Family Court, Jalandhar (Annexure P-1), to a Court of

competent jurisdiction at Ambala, which is approximately 170

kms. Away.

Learned counsel for the applicant submits that following

two petitions already stand filed by the applicant and are

pending at Ambala:-

i) Petition under Section 125 Cr.P.C.

ii) Petition under Sections 12, 18, 19, 20 and 22 of the

Protection of Women from Domestic Violence Act,

2005."

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."

Learned counsel for the respondent has no objection to prayer

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of the petitioner.

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 the petitioner-wife will have to bear the litigation expenses and

transportation 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 9 of the Hindu Marriage Act,

pending before the Family Court, Jalandhar will be transferred

to the competent Court of jurisdiction at Ambala.

2. The District Judge, Ambala 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,

Ambala.

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

Ambala within a period of 01 month from today.

Present petition is disposed of accordingly.

[ ARVIND SINGH SANGWAN ] JUDGE 26.07.2022 vishnu

Whether speaking/reasoned : Yes/No

Whether reportable: Yes/No

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