Punjab-Haryana High Court
Surjit Kaur @ Jaspreet vs Angrej Singh on 4 December, 2023
Neutral Citation No:=2023:PHHC:154447
Neutral Citation No.: 2023:PHHC:154447
TA-1456-2022 (O&M) -1-
209 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
TA-1456-2022 (O&M)
Decided on: 04.12.2023
Surjit Kaur @ Jaspreet
...Applicant/Petitioner
Versus
Angrej Singh
...Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Kehsav Chadha, Advocate for
Mr. Rahul Bhargava, Advocate,
for the Applicant/petitioner.
Mr. Puneet Kumar Bansal, Advocate.
for the respondent.
****
SANJAY VASHISTH, J. (Oral)
1. Present transfer application, under Section 24 CPC, has been
filed by the petitioner - wife, for seeking transfer of the petition, bearing No.
DMC/287/2018, filed by the respondent - husband, under Section 13 of the
Hindu Marriage Act, 1955, titled as "Angrej Singh vs. Surjit Kaur @
Jaspreet", presently pending in the Court of District Judge, Ferozepur, to any
Court of competent jurisdiction at Kapurthala.
2. Learned counsel for the petitioner submits that distance between
Ferozepur and Kapurthala, is about 110 KMs one side. There is no child,
born out of the said wedlock. Further, he submits that in the Courts at
Ferozepur, the respondent had instituted two divorce petitions, one bearing
No.DMC/287/2018 and another bearing No. DMC/305/2018. The said fact
was not in the knowledge of the petitioner herein and therefore, on
withdrawal of petition bearing No.DMC/305/2018, by the respondent, the
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factum of pendency of proceedings in the divorce petition bearing
No.DMC/287/2018 could not be followed. Resultantly, it was decreed ex
parte, which has now been restored on the application filed by the petitioner
herein and the same is pending in the Courts at Ferozepur. The said divorce
petition bearing No.DMC/287/2018, is thus sought to be transferred in the
Courts at Kapurthala.
Learned counsel for the petitioner further submits that the
respondent is working as a Clerk in the office of an advocate at the Courts at
Ferozepur, whereas the petitioner is in helpless situation and is totally
dependent upon the mercy of her parents with whom she is presently
staying.
3. While opposing the prayer made in the transfer application,
learned counsel for the respondent submits that already petitioner has
appeared and joined the proceedings in the divorce petition pending in the
Courts at Ferozepur. Even written statement has been filed by her. Therefore,
no purpose is left in considering the prayer made by the petitioner in the
present transfer application.
4. I have heard learned counsel for the petitioner and gone through
the material available on record.
5. In the facts and circumstances similar to the present case, in
paragraph Nos. 9 & 10 of the judgment rendered in the case of N.C.V.
Aishwarya v. A.S. Saravana Karthik Sha, AIR 2022 SC 4318, Hon'ble the
Apex Court has held 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
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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."
6. Further, Hon'ble the Apex Court in Rajani Kishor Pradeshi v.
Kishor Babulal Pardeshi, (2005) 12 SCC 237, 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 ordinary be
allowed, taking into consideration their convenience and the Courts should
desist from putting female litigants under undue hardships."
7. However, to avoid any misuse of the lenient view by the female
litigants, Hon'ble the Apex Court in Anindita Das v. Srijit Das, (2006) 9
SCC 197, has also cautioned that the Courts should ensure that such leniency
given to the female litigants should not be misused. Relevant Paragraph 3 of
the aforesaid judgment says as under:
"3. Even otherwise, it must be seen that at one stage this
Court was showing leniency to ladies. But since then it has
been found that a large number of transfer petitions are filed
by women taking advantage of the leniency taken by this
Court. On an average at least 10 to 15 transfer petitions are
on Board of each Court on each admission day. It is,
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therefore, clear that leniency of this Court is being misused by
the women."
8. Thus, this Court is of the view that while adjudicating a transfer
petition initiated by the wife in the context of a matrimonial dispute, the
Court must take into account a comprehensive array of the following
factors:-
(a) Economic condition and earning capacity of the parties,
i.e. husband and wife;
(b) Social standing of the wife and her dependency on her
parents;
(c) Custody of any minor children involved;
(d) Education of the children, if any;
(e) Physical well-being of both, i.e. wife and husband;
(f) Pending litigation(s) between the parties including
criminal cases, if any;
(g) Accessibility of the location from where the wife resides
to the court where the case is pending;
(h) Availability of convenient commuting options
Undoubtedly, only a harmonious consideration of all these vital
aspects would ensure a just and equitable decision in such cases.
9. Thus, applying the principles of law, laid down by Hon'ble the
Apex Court in N.C.V Aishwarya's case (supra), Rajani Kishor's case
(supra) and Anindita Das's case (supra), this Court deems it appropriate to
allow the present petition, by issuing following directions:
(i) Petition filed by respondent - husband under Section 13 of the
Hindu Marriage Act, 1955, bearing No. DMC/287/2018, titled
as "Angrej Singh vs. Surjit Kaur @ Jaspreet", pending in the
Court of District Judge, Ferozepur, is transferred to a Court of
competent jurisdiction within Sessions Division Kapurthala.
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(ii) Learned District Judge, Ferozepur, is directed to transfer
complete record pertaining to the aforesaid case to learned
District Judge, Kapurthala, by directing both the sides to appear
before the Court of learned District Judge, Kapurthala, on a
particular date to be fixed by him, for further proceedings.
(iii) On receipt of record of the case, learned District Judge,
Kapurthala, will either keep the said case in his own Court or to
assign the same to a Court having competent jurisdiction within
Sessions Division Kapurthala, to try the same.
(iv) The concerned Court at Kapurthala, shall diligently strive to
amicably resolve the marital discord between the parties by
referring the matter to the Mediation and Conciliation Centre.
(v) After transfer at Kapurthala, the concerned Court will
accommodate the parties to the lis with at least one date in a
calendar month.
10. In order to ensure appearance of the parties before learned
District Judge, Kapurthala, as per the direction of learned District Judge,
Ferozepur, it is also directed that a copy of this order be sent to the
respondent through registered post, besides sending copies of this order to
learned District Judges concerned, through email as well.
Petitioner through her counsel, is also directed to ensure her
appearance accordingly.
Petition stands disposed of in above terms.
Pending misc. application(s), if any, also stands disposed of.
(SANJAY VASHISTH)
JUDGE
04.12.2023
Dharamvir
Whether speaking/reasoned: Yes
Whether Reportable: No
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