Isha Mittal vs Khushdeep Singla
2022 Latest Caselaw 8105 P&H

TA-1035-2021 (O&M)                                                        -1-

      IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                  HARYANA AT CHANDIGARH
201
                                                        TA-1035-2021 (O&M)
                                                   Date of decision: 29.07.2022

Isha Mittal                                                         ...Petitioner

                                          Versus

Khushdeep Singla                                                  ...Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-     Mr. Yogesh Goel, Advocate
              for the petitioner.

              Mr. Rajeshwar S. Thakur, Advocate
              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, 1955,

titled as Khushdeep Singla vs. Dr. Isha Mittal, pending before the Family

Court, Bathinda to the competent Court of jurisdiction at Chandigarh.

Learned counsel for the petitioner has argued that on account of

a matrimonial discord, the petitioner is residing at Chandigarh, however, in

order to harass the petitioner, the respondent-husband has filed the present

petition under Section 13 of the Hindu Marriage Act at Bathinda. It is

further submitted that the petitioner is facing great difficulty in prosecuting

the said case, as there is a distance of about 250 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,

therefore, it is very difficult for her to defend the said case at Bathinda as

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the minor child is studying in UKG in a school at Chandigarh.

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-husband has filed reply

opposing the prayer of the petitioner-wife on the ground that mother and

brother of the respondent are ill.

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.

It is admitted case that both the parties are qualified docots and

the petitioner is residing at Chandigarh, whereas the respondent is residing

at Bathinda.

After hearing the counsel for the petitioner, considering the fact

that if the aforesaid petition is not transferred, the petitioner-wife will have

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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:-

(i) The petition filed under Section 13 of the Hindu Marriage Act, pending before the Family Court, Bathinda will be transferred to the competent Court of jurisdiction at Chandigarh.

                        (ii)    The District Judge, Chandigarh will assign the
                                said     petition    to   the   competent   Court    of
                                jurisdiction.

(iii) The Family Court at Bathinda is directed to transfer all the record pertaining to the aforesaid case to District Judge, Chandigarh.

(iv) The parties are directed to appear before the trial Court at Chandigarh within a period of 01 month from today.

29.07.2022                                          (ARVIND SINGH SANGWAN)
Waseem Ansari                                               JUDGE


                Whether speaking/reasoned                         Yes/No

                Whether reportable                                Yes/No




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