Shifali Mehta vs Gourav Puri
2022 Latest Caselaw 7804 P&H

TA-956-2021                                                       -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH


                                               TA-956-2021 (O&M)
                                               Date of decision: 26.07.2022

Shifali Mehta
                                                                  ....Petitioner



                                         Vs.



Gourav Puri
                                                                ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:    Mr. A.S. Saini, 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, Amritsar to the competent Court of jurisdiction at

SAS Nagar (Mohali).

While issuing notice of motion, following order was passed by

this Court on 04.10.2021: -

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

the petition filed under Section 13(1)(i)(ia)(ib) of the Hindu

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Marriage Act, 1955, bearing case No.HMA/984/2021, titled as

"Gourav Puri Vs. Shifali Mehta", pending in the Family Court,

at Amritsar, to the Court of competent jurisdiction at SAS

Nagar, Mohali.

The petitioner claims that she got married to the

respondent on 10.12.2009 and they have been blessed with a

female child. She claims that presently, she is residing with her

parents at SAS Nagar, Mohali, and the distance between

Amritsar and Mohali, is more than 220 Kms. The petitioner

further claims that she cannot properly defend the petition at

Amritsar.

The learned counsel representing the petitioner places

reliance on the following litigations pending in District Courts,

at SAS Nagar, Mohali:-

(i) Under Section 9 of the Hindu Marriage Act, 1955,

bearing case No.HMA/513/2021, titled as "Shifali

Mehta Vs. Gourav Puri".

(ii) Under Section 125 Cr.P.C., bearing case

No.MNT/125/336/2021, titled as "Shifali Mehta Vs.

Gourav Puri".

The learned counsel contends that it will be very difficult

for the petitioner to travel on each date of hearing."

Learned counsel has relied upon the judgments Sumita Singh

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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."

As per office report, respondent is served through the counsel

representing him before the Family Court, 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

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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, Amritsar will be transferred

to the competent Court of jurisdiction at SAS Nagar (Mohali).

2. The District Judge, SAS Nagar (Mohali) will assign the said

petition to the competent Court of jurisdiction.

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

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

SAS Nagar (Mohali).

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

SAS Nagar (Mohali) 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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