Roopa vs Aman Goyal
2022 Latest Caselaw 7811 P&H

TA-622-2020 (O&M)                                                            -1-

    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH

                                                         TA-622-2020 (O&M)
                                                   Date of decision: 26.07.2022

Roopa                                                               ...Petitioner

                                         Versus

Aman Goyal                                                        ...Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-    Mr. Amit Choudhary, 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 13 of the Hindu Marriage Act, 1955,

titled as Aman Goyal vs. Roopa, pending before the Family Court, Rohtak

to the competent Court of jurisdiction at Hisar.

Learned counsel for the petitioner has argued that on account of

a matrimonial discord, the petitioner has filed a petition under Seciton 125

Cr.P.C. at Hisar and as a counter-blast to the same, the respondent-husband

has filed the present petition under Section 13 of the Hindu Marriage Act at

Hisar in order to harass the petitioner and the petitioner is facing great

difficulty in prosecuting the said case, as there is a distance of about 100

kms between the aforesaid two places.

Learned counsel for the petitioner further submits that the

petitioner is having a minor child, who is living in her care and custody,

therefore, it is very difficult for her to defend the said case at Rohtak.

Learned counsel has relied upon the judgments Sumita Singh

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TA-622-2020 (O&M) -2-

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, the respondent-husband 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 if the aforesaid petition is not transferred, the petitioner-wife will have

to bear the litigation expenses and transportation expenses and also in view

of the ratio of law laid down by Hon'ble Supreme Court in Sumita Singh's

case (supra) and Rajani Kishor Pardeshi's case (supra), this Court deems it

appropriate to allow the present petition, with the following directions:-

(i) The petition filed under Section 13 of the Hindu Marriage Act, pending before the Family Court,

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Rohtak will be transferred to the competent Court of jurisdiction at Hisar.

(ii) The District Judge, Hisar will assign the said petition to the competent Court of jurisdiction.

(iii) The Family Court at Rohtak is directed to transfer all the record pertaining to the aforesaid case to District Judge, Hisar.

(iv) The parties are directed to appear before the trial Court at Hisar within a period of 01 month from today.

However, liberty is granted to the respondent-husband to revive

this petition, if he intends to contest the same, provided that:-

(i) The respondent will clear all the arrears of maintenance amount, if any, in terms of the petition filed by the petitioner either under Section 125 C r.P.C. or Section 12 of the Domestic Violence Act or Section 24 of the Hindu Marriage Act.

(ii) The respondent will file an affidavit giving undertaking to pay Rs.1,000/- per day, to the petitioner for attending the Court proceedings at Rohtak, on each and every date of hearing.

(iii) The respondent will bring a demand draft of Rs.25,000/- towards the litigation expenses of the petitioner to pursue the case at Rohtak, in case the respondent opts to contest this petition.

26.07.2022                                      (ARVIND SINGH SANGWAN)
Waseem Ansari                                           JUDGE


                Whether speaking/reasoned                        Yes/No

                Whether reportable                               Yes/No




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