Jyoti Bala vs Sunil Kumar
2022 Latest Caselaw 7914 P&H

TA-430-2020                                                        -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                               TA-430-2020 (O&M)
                                               Date of decision: 27.07.2022

Jyoti Bala
                                                                   ....Petitioner



                                         Vs.

Sunil Kumar
                                                                 ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. B.S. Jaswal, 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 9 of the Hindu Marriage Act, pending

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

Jalandhar.

Learned counsel for the petitioner has argued that on account

of matrimonial discord, the petitioner has submitted a complaint to the

Commissioner of Police, Jalandhar. 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 100 kms from Jalandhar to Amritsar.

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Learned counsel has further contended that out of the wedlock,

two children were born, out of which, one child is living with the

respondent and one child is living in care and custody of the petitioner and

she is facing difficulty to defend the case, as she has to travel from

Jalandhar to Amritsar.

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."

There is no representation on behalf of the respondent.

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.

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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 9 of the Hindu Marriage Act,

pending before the Family Court, Amritsar will be transferred

to the competent Court of jurisdiction at Jalandhar.

2. The District Judge, Jalandhar will assign the said petition to

the competent Court of jurisdiction.

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

record pertaining to the aforesaid case to District Judge,

Jalandhar.

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

Jalandhar 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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