Meenu vs Omvir @ Ombir
2022 Latest Caselaw 7893 P&H

Citation : 2022 Latest Caselaw 7893 P&H
Judgement Date : 27 July, 2022

Punjab-Haryana High Court

Meenu vs Omvir @ Ombir on 27 July, 2022

TA-1183-2021                                                       -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                               TA-1183-2021 (O&M)
                                               Date of decision: 27.07.2022
Meenu
                                                                   ....Petitioner

                                         Vs.

Omvir @ Ombir
                                                                 ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Deepak Girotra, 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(1)(ia) of the Hindu Marriage Act,

pending before the Family Court, Charkhi Dadri to the competent Court of

jurisdiction at Rohtak.

Learned counsel for the petitioner has argued that on account

of matrimonial discord, the petitioner has filed a petition under Section 125

Cr.P.C. and a petition/complaint under the Protection of Women from

Domestic Violence Act at Rohtak. It is further submitted that the petitioner

is facing great difficulty in prosecuting the petition filed by the respondent,

as there is a distance of about 75 kms from Rohtak to Charkhi Dadri.

Learned counsel has further contended that the petitioner is

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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 Rohtak to

Charkhi Dadri.

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."

As per office report, father of the respondent refused to accept

the notice. Even otherwise, vide order dated 06.01.2022, the trial Court was

directed to adjourn the case beyond the date fixed before this Court, which

is a deemed service on the respondent about pendency of the petition under

Section 13 of Hindu Marriage Act.

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

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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 13(1)(ia) of the Hindu Marriage Act, pending before the Family Court, Charkhi Dadri will be transferred to the competent Court of jurisdiction at Rohtak.