Aarti Devi @ Aarti vs Rakesh Kumar @ Rinku
2022 Latest Caselaw 7902 P&H

Citation : 2022 Latest Caselaw 7902 P&H
Judgement Date : 27 July, 2022

Punjab-Haryana High Court

Aarti Devi @ Aarti vs Rakesh Kumar @ Rinku on 27 July, 2022

TA-51-2022                                                  -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                               TA-51-2022 (O&M)
                                               Date of decision: 27.07.2022
Aarti Devi @ Aarti
                                                                   ....Petitioner



                                         Vs.

Rakesh Kumar @ Rinku
                                                                  ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Ramnish Puri, 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, pending

before the Family Court, Pathankot to the competent Court of jurisdiction at

Amritsar.

While issuing notice of motion, following order was passed by

this Court on 04.02.2022: -

"Applicant-wife has filed the transfer application for seeking transfer of the petition filed under Section 13 of the Hindu Marriage Act, at the instance of respondent-husband, presently pending in the Family Court, Pathankot, to the Court of competent jurisdiction at Amritsar.

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It is submitted by learned counsel for the applicant that the applicant is living with her aged parents, and she is an unemployed person, having no source of earning. Moreover, an FIR No.70 dated 03.09.2021 under Sections 498-A and 406 IPC have been got registered, at her instance, at Amritsar. Even, the distance between Amritsar and Pathankot is about 115 kms. As such, it is difficult for her to pursue the litigation thrusted upon her, at the instance of the respondent/husband..."

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 through his

father, 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

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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, Pathankot will be transferred to the competent Court of jurisdiction at Amritsar.