Sukhvir Kaur vs Amardeep Singh
2022 Latest Caselaw 7894 P&H

TA-757-2022 (O&M)                                                         -1-


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

                                                         TA-757-2022 (O&M)
                                                   Date of decision: 27.07.2022


Sukhvir Kaur                                                        ...Petitioner


                                          Versus


Amardeep Singh                                                    ...Respondent


CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-     Mr. Rajesh Bhatheja, Advocate
              for the petitioner.

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, 1955, titled

as Amardeep Singh vs. Sukhvir Kaur, pending before the Family Court,

Ludhiana to the competent Court of jurisdiction at Moga.

Learned counsel for the petitioner has argued that on account of

a matrimonial discord, the petitioner has filed a complaint under Sections

406, 498-A, 506, 148, 149 of the IPC at Moga, which is pending. It is

further submitted that as a counter-blast to the aforesaid case, the

respondent-husband has filed the present petition under Section 9 of the

Hindu Marriage Act at Ludhiana in order to harass the petitioner. It is

further submitted that the petitioner is facing great difficulty in prosecuting

the said case, as there is a distance of about 70 Kms between the aforesaid

two places.

Learned counsel has relied upon the judgments Sumita Singh

1 of 4

TA-757-2022 (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."

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 issuance of notice to the respondent has the consequences of staying

further proceedings before the trial Court, otherwise the petitioner-wife will

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

of the fact that in case notice of motion is issued, even the

respondent/husband has to bear the litigation expenses and in also in view

of the judgments rendereed 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:-

2 of 4

TA-757-2022 (O&M) -3-

(i) The petition filed under Section 9 of the Hindu

Marriage Act, pending before the Family Court,

Ludhiana will be transferred to the competent

Court of jurisdiction at Moga.

(ii) The District Judge, Moga will assign the said

petition to the competent Court of jurisdiction.

(iii) The Family Court, Ludhiana is directed to

transfer all the record pertaining to the aforesaid

case to District Judge, Moga.

(iv) The parties are directed to appear before the trial

Court at Moga 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 Cr.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

Ludhiana, on each and every date of hearing.

(iii) The respondent will bring a demand draft of

3 of 4

TA-757-2022 (O&M) -4-

Rs.25,000/- towards the litigation expenses of the

petitioner to pursue the case at Ludhiana, in case

the respondent opts to contest this petition.

27.07.2022                                     (ARVIND SINGH SANGWAN)
Waseem Ansari                                          JUDGE


                Whether speaking/reasoned                     Yes/No

                Whether reportable                            Yes/No




                                     4 of 4