Nitin Dhiman vs Kamlesh Dhiman And Ors
2022 Latest Caselaw 7908 P&H

TA-265-2020                                                      -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                               TA-265-2020 (O&M)
                                               Date of decision: 27.07.2022

Nitin Dhiman
                                                                ....Petitioner



                                         Vs.

Kamlesh Dhiman and others
                                                              ....Respondents

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:    Mr. Neeraj, Advocate for
            Mr. Sanjiv Sheoran, Advocate
            for the petitioner.

            Mr. Dharambir Bhargav, Advocate
            for the respondent.

                   *******

ARVIND SINGH SANGWAN, J. (Oral)

Prayer in this petition is for transfer of Civil Suit No.1240 of

2018 filed by respondent No.1 pending before the Court of Civil Judge (Sr.

Divn), Kurukshetra to the competent Court of jurisdiction at SAS Nagar

(Mohali).

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 an FIR No.371 dated 09.10.2018 under Sections 406, 498-A IPC

at Police Station Zirakpur, District SAS Nagar (Mohali). It is further

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submitted that the petitioner is facing great difficulty in prosecuting the

aforesaid civil suit, as there is a distance of about 100 kms from SAS Nagar

(Mohali) to Kurukshetra.

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."

Learned counsel for the respondent has no serious objection to

prayer of the petitioner.

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

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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 Civil Suit No.1240 of 2018 filed by respondent No.1,

pending before the Civil Judge (Sr. Divn), Kurukshetra will be

transferred to the competent Court of jurisdiction at SAS

Nagar (Mohali).

2. The District Judge, SAS Nagar (Mohali) will assign the said

petition to the competent Court of jurisdiction.

3. The Civil Judge (Sr. Divn.), Kurukshetra is directed to transfer

all the record pertaining to the aforesaid case to District

Judge, SAS Nagar (Mohali).

4. The parties are directed to appear before the District Judge,

SAS Nagar (Mohali) 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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