Punjab-Haryana High Court
Harvinder Kaur vs Sarabjit Singh on 28 July, 2022
TA-264-2020 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
TA-264-2020 (O&M)
Date of decision: 28.07.2022
Harvinder Kaur ...Petitioner
Versus
Sarabjit Singh ...Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present:- Mr. Ruhani Chadha, 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 Sections 7 and 25 of the Guardians and Wards
Act, 1890, pending before the Civil Judge (Sr. Divn.), Dera Bassi, SAS
Nagar to the competent Court of jurisdiction at Hoshiarpur.
Learned counsel for the petitioner has argued that on account of
a matrimonial discord, the petitioner has filed a petition under Section 125
Cr.P.C. as well as a complaint under the Protection of Women from
Domestic Violence Act, 2005 at Hoshiarpur, which are pending, and as a
counter-blast to the same, the respondent-husband has filed the aforesaid
petition at Dera Bassi, SAS Nagar in order to harass the petitioner. It is
further submitted that the petitioner is facing great difficulty in prosecuting
the said case, as there is a distance of about 150 kms between the aforesaid
two places.
Learned counsel for the petitioner further submits that the
petitioner is having a minor child, who is living in her care and custody,
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therefore, it is very difficult for her to defend the said case at Dera Bassi.
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.
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 if the aforesaid petition is not transferred, the petitioner-wife will have
to bear the litigation expenses and transportation expenses and also in view
of the ratio of law laid down by Hon'ble Supreme Court in Sumita Singh's
case (supra) and Rajani Kishor Pardeshi's case (supra), this Court deems it
appropriate to allow the present petition, with the following directions:-
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(i) The petition filed under Sections 7 and 25 of the
Guardians and Wards Act, pending before the Civil
Judge (Sr. Divn.), Dera Bassi will be transferred to
the competent Court of jurisdiction at Hoshiarpur.
(ii) The District Judge, Hoshiarpur will assign the said
petition to the competent Court of jurisdiction.
(iii) The Civil Judge (Sr. Divn.), Dera Bassi is directed
to transfer all the record pertaining to the aforesaid
case to District Judge, Hoshiarpur.
(iv) The parties are directed to appear before the trial
Court at Hoshiarpur within a period of 01 month
from today.
However, liberty is granted to the respondent-husband to revive
this petition, if he intends to contest the same, provided that:-
(i) The respondent will clear all the arrears of
maintenance amount, if any, in terms of the petition
filed by the petitioner either under Section 125
Cr.P.C. or Section 12 of the Domestic Violence Act
or Section 24 of the Hindu Marriage Act.
(ii) The respondent will file an affidavit giving
undertaking to pay Rs.1,000/- per day, to the
petitioner for attending the Court proceedings at
Dera Bassi, on each and every date of hearing.
(iii) The respondent will bring a demand draft of
Rs.25,000/- towards the litigation expenses of the
petitioner to pursue the case at Dera Bassi, in case
the respondent opts to contest this petition.
28.07.2022 (ARVIND SINGH SANGWAN)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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