Punjab-Haryana High Court
Kavita vs Lovenish Kumar on 27 July, 2022
TA-1294-2021 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA-1294-2021 (O&M)
Date of decision: 27.07.2022
Kavita
....Petitioner
Vs.
Lovenish Kumar
....Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Ms. Mandeep Kaur, Advocate
for the petitioner.
None for the respondent.
*******
ARVIND SINGH SANGWAN, J. (Oral)
CM-8768-CII-2022
For the reasons stated in the application, same is allowed and
affidavit of the petitioner is taken on record.
CM stands disposed of.
TA-1294-2021
Prayer in this petition is for transfer of the petition filed by the
respondent-husband under Section 13 of the Hindu Marriage Act, pending
before the Family Court, Ambala to the competent Court of jurisdiction at
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Karnal.
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., a complaint under the Protection of Women from Domestic
Violence Act and also registered an FIR No.608 dated 08.06.2019 under
Sections 323, 406, 498-A, 506 IPC, at Police Station Sadar Karnal. 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 85 kms
from Karnal to Ambala.
Learned counsel has further contended that the petitioner is
having a minor child, who is living in her care and custody and she is facing
difficulty to defend the case, as she has to travel from Karnal to Ambala.
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, the respondent is served, however, there is
no representation on his behalf. Even on 09.03.2022, it was observed that in
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case there is not representation on behalf of the respondent on the next date,
he will be proceeded against ex-parte.
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 13 of the Hindu Marriage Act,
pending before the Family Court, Ambala will be transferred to
the competent Court of jurisdiction at Karnal.
2. The District Judge, Karnal will assign the said petition to the
competent Court of jurisdiction.
3. The Family Court, Ambala is directed to transfer all the record
pertaining to the aforesaid case to District Judge, Karnal.
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4. The parties are directed to appear before the Family Court,
Karnal within a period of 01 month from today.
Present petition is disposed of accordingly.
[ ARVIND SINGH SANGWAN ]
JUDGE
27.07.2022
vishnu
Whether speaking/reasoned : Yes/No
Whether reportable: Yes/No
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