Hardeep Kaur vs Kamaljit Singh
2022 Latest Caselaw 7913 P&H

TA-948-2021                                                       -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                               TA-948-2021 (O&M)
                                               Date of decision: 27.07.2022
Hardeep Kaur
                                                                  ....Petitioner



                                         Vs.

Kamaljit Singh
                                                                ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:    Ms. Manpreet Kaur Mavi, Advocate for
            Mr. Nipun Vashist, 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, Patiala to the competent Court of jurisdiction at

SAS Nagar (Mohali).

While issuing notice of motion, following order was passed by

this Court on 17.12.2021: -

"This petition has been filed by the petitioner-wife seeking

transfer of the petition filed by the respondent-husband under

Section 13 of the Hindu Marriage Act, 1955, being

1 of 4

DMC/818/2019 titled as "Kamaljit Singh vs. Hardeep Kaur"

pending in the Court of Principal Judge, Family Court,

Patiala, to the Court of competent jurisdiction at SAS Nagar

(Mohali).

Learned counsel for the petitioner would contend that

the petitioner got married to the respondent on 20.02.2010 and

out of the said wedlock a female child was born. The petitioner

along with her minor child is residing with her parents at

Derabassi, District SAS Nagar (Mohali) and in order to attend

the proceedings before the Family Court at Patiala, she would

have to travel a distance of 66 kms (one way). It is further

contended that though maintenance was granted to the

petitioner and the minor daughter in the proceedings under

Section 125 Code of Criminal Procedure, 1973, however, not a

single penny is being paid to the petitioner..."

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

2 of 4

under undue hardships."

As per office report, the respondent is served through the

counsel representing him before the trial Court, 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

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, Patiala 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 of 4

3. The Family Court, Patiala is directed to transfer all the record

pertaining to the aforesaid case(s) to District Judge, SAS

Nagar (Mohali).

4. The parties are directed to appear before the Family Court,

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

4 of 4