Punjab-Haryana High Court
Tamanna vs Hitendra Singh Ahlawat And Another on 5 December, 2023
Neutral Citation No. : 2023:PHHC: 155179
TA-1001-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
222
TA-1001-2023
Decided on : 05.12.2023
Tamanna . . . Applicant/Petitioner
Versus
Hitendra Singh Ahlawat and another . . . Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Ajay Kumar Dahiya, Advocate
for the applicant/petitioner.
****
SANJAY VASHISTH, J. (Oral)
1. Present transfer application has been filed by the
applicant/petitioner - wife, under Section 24 of CPC, for seeking transfer of the
petition under Section 13 (1)(i) (ia) of the Hindu Marriage Act, 1955 bearing
No.DMC/519/2023 titled as "Hitendra Singh Ahlawat vs. Tamanna and
another" filed by respondent No.1 which is pending in the Court of Principal
Judge, Family Court, Rohtak to any court of competent jurisdiction at Sonipat.
2. The present transfer petition has been filed, inter alia, on the
following grounds:-
i) That marriage of the applicant-petitioner/wife and respondent
No.1-husband took place on 28.11.2017, as per Hindu rites and
ceremonies in Royal Garden at Sonipat.
ii) That out of the said wedlock, one male child namely Abhinav now
aged 4 years was born who is residing with the applicant-
petitioner.
iii) That applicant-petitioner/wife has lodged three litigations against
respondent No.1-husband, details of which are mentioned here
under:-
a) FIR No.220 dated 19.04.2023 under Sections 323, 34, 406,
498-A, 506 IPC got registered at Police Station Sonipat City,
in which charge-sheet has been filed and is pending before
Neutral Citation No. : 2023:PHHC: 155179
learned Courts at Sonipat.
b) Petition under Section 125 Cr.P.C. bearing No.MNT 100 of
2023 for grant of maintenance in which notice has been issued
before learned Court of Additional Principal Judge, Family
Court, Sonipat.
c) One complaint bearing No.COMA 80 of 2023 under
Protection of Women from Domestic Violence Act, 2005
before the Court of learned JMIC, Sonipat.
v) That respondent has filed petition under Section 13 (1)(i) (ia) of
the Hindu Marriage Act, 1955 bearing No.DMC/519/2023 titled
as "Hitendra Singh Ahlawat vs. Tamanna and another" filed by
respondent No.1 which is pending in the Court of Principal Judge,
Family Court, Rohtak.
vi) That petitioner-wife is residing with her parents at parental house
and traveling from Sonipat to Rohtak is a distance of 75
kilometres, thus, causing extreme hardships to the applicant-
petitioner/wife as well as minor child.
vii) That the petitioner-wife is financially dependent on her parents
and lacks convenient transportation options, thus, is compelled to
rely on public transit, resulting in significant hardships.
3. As per office report, notice could not be issued to the respondents
as learned counsel for the applicant/petitioner has not filed requisite process
fee.
4. I have heard learned Counsel for the applicant/petitioner, and gone
through the material available on record.
In the facts and circumstances similar to the present case, in
paragraph Nos.9 and 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
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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."
5. Further, Hon'ble the Apex Court in Rajani Kishor
Pradeshiv.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."
6. 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
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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, therefore, clear that
leniency of this Court is being misused by the women."
7. Thus, this Court is of the view that while adjudicating a transfer
petition, 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 between the parties including criminal
cases, if any;
(g) Accessibility of the location i.e. from where the wife
resides to the court where the case is pending; and
(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.
8. 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 with the following directions:-
Neutral Citation No. : 2023:PHHC: 155179
(i) The petition filed by the respondent No.1-husband under
Section 13 (1)(i) (ia) of the Hindu Marriage Act, 1955
bearing No.DMC/519/2023 titled as "Hitendra Singh
Ahlawat vs. Tamanna and another" which is pending in the
Court of Principal Judge, Family Court, Rohtak is
transferred to the Court of competent jurisdiction at
Sonipat.
(ii) The ld. District Judge, Rohtak is directed to transfer
complete record pertaining to the aforesaid case to District
Judge, Sonipat, by directing both the sides to appear before
the Court of Ld. District Judge, Sonipat, on a particular date
for further proceedings.
(iii) The District Judge, Sonipat will assign the said petition to
the Court of competent jurisdiction.
9. The concerned Court at Sonipat shall diligently strive to amicably
resolve the marital discord between the parties by referring the matter to the
Mediation and Conciliation Centre.
10. The Court, where the matter is to be assigned after transfer, will
accommodate the parties to the lis with at least, one date in a calendar month.
11. However, liberty is granted to the respondents to revive the
present petition, if so advised, to contest the same, provided that:
(i) The respondents 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, or under any other law.
AND
(ii) The respondents will file an affidavit giving undertaking to
pay Rs.1,000/- per day, to the petitioner for attending the
Court proceedings at Rohtak, on each and every date of
hearing.
Neutral Citation No. : 2023:PHHC: 155179
AND
(iii) The respondents will bring a demand draft of Rs.25,000/-
towards the litigation expenses of the petitioner to pursue
the case at Rohtak in case the respondent opts to contest
this petition.
OR
(iv) If the petitioner-wife has concealed any material fact or
aspect while filing the current transfer application, with a
purpose to mislead the Court for seeking transfer of the
case.
OR
(v) If the respondents are suffering from any substantial
physical or mental disability or ailment.
12. For compliance of the order passed by this Court, Registry is
directed to transmit copies of this order forthwith to learned District Judge,
Sonipat and learned District Judge, Rohtak, through email(s) as well.
Petition stands disposed of in above terms.
(SANJAY VASHISTH)
JUDGE
December 05, 2023
Lavisha
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
