Ramandeep Kaur vs Daljit Singh Sohi And Others
2022 Latest Caselaw 12219 P&H

Citation : 2022 Latest Caselaw 12219 P&H
Judgement Date : 27 September, 2022

Punjab-Haryana High Court

Ramandeep Kaur vs Daljit Singh Sohi And Others on 27 September, 2022

TA No.1162 of 2022 (O&M)
                                                                          1

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                            TA No.1162 of 2022 (O&M)
                                            Date of decision: 27.09.2022

Ramandeep Kaur
                                                              ....Petitioner
                                  Versus
Daljit Singh Sohi and others
                                                           ....Respondents

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. Munish Garg, Advocate for the petitioner.

ARVIND SINGH SANGWAN J. (Oral)

Prayer in this petition is for transfer of the Civil Suit

No.191 of 2022 (Annexure P-3), pending in the Family Court,

Ludhiana to the competent Court of jurisdiction at Barnala.

Counsel for the petitioner has relied upon the order dated

23.09.2022 passed in TA No.1148 of 2022, wherein the other litigation

pending between the parties under Section 13 of the Hindu Marriage

Act was transferred from Family Court Ludhiana to the Court at

Barnala.

Counsel for the petitioner has further submitted that on

account of a matrimonial discord, now the respondent/husband has now

filed a suit for permanent injunction against the petitioner and her

family members, praying for a decree that she should not enter the

matrimonial home. It is also contended that since the suit is an off-shoot

of the matrimonial discord between the parties, it is difficult for the

petitioner to pursue the same at Ludhiana as there is a distance of about

75 Kms from Barnala to Ludhiana. It is also submitted that the

1 of 4

TA No.1162 of 2022 (O&M)

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

and she is facing difficulty to defend the case.

Counsel for the petitioner 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 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."

Counsel for the petitioner has also relied 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.

2 of 4

TA No.1162 of 2022 (O&M)

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."

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 hearing the counsel for the petitioner, 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 Civil Suit No.191 of 2022 (Annexure P-3), pending before the Family Court, Ludhiana will be transferred to the competent Court of jurisdiction at Barnala.

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

3 of 4

TA No.1162 of 2022 (O&M)

3. The Family Court, Ludhiana is directed to transfer all the record pertaining to the aforesaid case to District Judge, Barnala.

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

5. The Family Court, Barnala 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.

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 Ludhiana, on each and every date of hearing.