Usha Rani vs Karmajit Singh
2022 Latest Caselaw 13853 P&H

TA No.1323 of 2022 (O&M)
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     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                            TA No.1323 of 2022 (O&M)
                                            Date of decision: 01.11.2022

Usha Rani
                                                             ....Petitioner
                                  Versus
Karmajit Singh
                                                           ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: None.

ARVIND SINGH SANGWAN J. (Oral)

The Lawyers are abstaining from work.

Prayer in this petition is for transfer of the petition filed

under Section 9 of the Hindu Marriage Act, pending in the Family

Court, Camp Court Phul, District Bathinda to the competent Court of

jurisdiction at S.B.S. Nagar.

It is stated in the petition that on account of a matrimonial

discord, the respondent/husband has filed the petition under Section 9

of the Hindu Marriage Act, before the Principal Judge, Family Court,

Camp Court Phul, District Bathinda.

It is also stated that on account of a petition filed by the

respondent/husband, the petitioner is facing great difficulty in

prosecuting the said case as there is a distance of about 180 Kms from

S.B.S. Nagar to Camp Court Phul, District Bathinda. The petitioner is

having a minor child, who is living in her care and custody and she is

facing difficulty to defend the case as she has to travel from S.B.S.

Nagar to Camp Court Phul, District Bathinda.

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TA No.1323 of 2022 (O&M)

Reliance can be placed 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 has 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."

Further reliance can be placed upon the judgment "N.C.V.

Aishwarya vs A.S. Saravana Karthik Sha," 2022 Live Law (SC) 627,

wherein the Hon'ble Supreme Court has observed as under:-

9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.

10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions."

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TA No.1323 of 2022 (O&M)

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 the family condition of the wife, the custody of the minor

child, economic condition of the wife, her physical health and earning

capacity of the husband and most important the 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 going through the entire paperbook, considering the

fact that issuance of notice to the respondent has the consequences of

staying further proceedings before the trial Court, otherwise the

petitioner/wife will have to bear the litigation expenses and

transportation expenses and in case, notice of motion is issued, even the

respondent/husband has to bear the litigation expenses and in view of

the judgments i.e. Sumita Singh's case (supra), Rajani Kishor

Pardeshi's case (supra) and N.C.V. Aishwarya'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, Camp Court Phul, District Bathinda will be transferred to the competent Court of jurisdiction at S.B.S. Nagar.

2. The District Judge, S.B.S. Nagar, will assign the said petition to the competent Court of jurisdiction.

3. The Family Court, Camp Court Phul, District Bathinda is directed to transfer all the record pertaining to the aforesaid case to District Judge, S.B.S. Nagar.

4. The parties are directed to appear before the trial Court, S.B.S. Nagar, within a period of 01 month from today.

5. The Family Court, S.B.S. Nagar will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties.

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6. The Court concerned, where the litigation pending between the parties, will accommodate them with one date in one calendar month.

However, liberty is granted to the respondent to revive this

petition, if he intent to contest the same, provided that:-

(a) The respondent will clear all arrears of maintenance amount, if any, in terms of a 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.

(b) The respondent will file an affidavit giving undertaking to pay Rs.1,000/- per day, to the petitioner for attending the Court proceedings at Camp Court Phul, District Bathinda, on each and every date of hearing.

(c) The respondent will bring a demand draft of Rs.25,000/-

towards the litigation expenses of the petitioner to pursue the case at Camp Court Phul, District Bathinda in case the respondent opt to contest this petition.

Disposed of.

(ARVIND SINGH SANGWAN) JUDGE

01.11.2022 yakub Whether speaking/reasoned: Yes/No

Whether reportable: Yes/No

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