Parvinder Kaur vs Manjinder Singh
2022 Latest Caselaw 7801 P&H

TA-181-2022                                                       -1-



         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH


                                               TA-181-2022 (O&M)
                                               Date of decision: 26.07.2022

Parvinder Kaur
                                                                  ....Petitioner



                                         Vs.



Manjinder Singh
                                                                ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:    Ms. Divya Narula, Advocate for
            Mr. Ajay Arora, Advocate
            for the petitioner.

            None 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, Faridkot to the competent Court of jurisdiction at

Sirsa.

While issuing notice of motion, following order was passed by

this Court on 11.03.2022: -

"This petition has been filed by the wife seeking the transfer of

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the petition filed under Section 9 of the Hindu Marriage Act,

1955, bearing No.HMA/603/2019, titled as 'Manjinder Singh

vs. Parvinder Kaur' pending in the Court of Principal Judge,

Family Court, Faridkot to the Court of competent jurisdiction

at Sirsa.

The petitioner claims that she got married to the

respondent on 09.03.2014. She further claims that, at present,

she alongwith her minor child, is residing with her aged

parents at Sirsa and the distance between Sirsa and Faridkot is

more than 300 Kms. The petitioner further claims that she

cannot properly defend the petition at Faridkot.

Learned counsel for the petitioner contends that

respondent (husband) is already defending two cases at Sirsa

i.e FIR no.211 dated 22.12.2019 under Section 323, 34, 354-A,

406, 498-A, 506 IPC and a petition under Section 125 Cr.P.C."

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

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under undue hardships."

As per office report, respondent is served, however, there is no

representation on his behalf.

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, Faridkot will be transferred

to the competent Court of jurisdiction at Sirsa.

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

competent Court of jurisdiction.

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

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

Sirsa.

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

Sirsa 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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