Punjab-Haryana High Court
Isha Goyal vs Sagar Gupta on 11 December, 2023
Neutral Citation No.: 2023:PHHC:158318
TA-1055-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
219
TA-1055-2023
Decided on: 11.12.2023
Isha Goyal
...Applicant/Petitioner
Versus
Sagar Gupta
...Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Abhinay Goel, Advocate
for the Applicant/petitioner.
****
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.
HMA/240/2023, filed by the respondent - husband, under Section 13 of the
Hindu Marriage Act, 1955, titled as "Sagar Gupta v. Isha Goyal", presently
pending in the Court of Principal Judge, Family Court, Faridabad, to any
Court of competent jurisdiction at Chandigarh.
2. The present transfer petition has been filed, inter alia, on the
following grounds:-
i) Petitioner-wife and respondent-husband got married on
23.04.2022, at Apple Resorts, Zirakpur, District S.A.S. Nagar
(Mohali), according to the Hindu rites and ceremonies, and
separated from each other in January, 2023.
ii) No child out of the said wedlock was born.
iii) Petitioner-wife is Graduate and is working as Project Manager
in a private firm, while the respondent-husband is stated to be
working as Senior Software Engineer - Marketing Identity with
Linkedln Corporation in California, USA.
iv) To attend proceedings in the Court of Principal Judge, Family
Neutral Citation No.: 2023:PHHC:158318
Court, Faridabad, applicant/petitioner has to cover a distance of
about 282 Kms. (one side), thus, causing extreme hardships to
the petitioner-wife.
v) Petitioner-wife is residing with her parents, and is compelled to
rely on public transit, resulting in significant hardships.
vi) Due to matrimonial discord, applicant/petitioner has also filed -
i) Complaint No. ICMS/2023/016894, dated 07.07.2023, to
the Senior Superintendent of Police, Chandigarh, against
the respondent and his family members;
ii) Complaint No. MNT/125/230/2023, under Section 125
Cr.P.C., in the Court of Judicial Magistrate Ist Class,
Chandigarh;
iii) Complaint No. COMP DV ACT/205/2023, under
Sections 12, 17, 18, 19, 20 and 22 of the Protection of
Women from Domestic Violence Act, 2005, in the Court
of Judicial Magistrate Ist Class, Chandigarh.
Learned counsel for the applicant/petitioner also informed that
after institution of the present transfer application, the respondent-husband
himself has filed one civil suit for permanent injunction on 20.09.2023 in the
Courts at Chandigarh, therefore, the said fact is not mentioned in the present
transfer application.
3. Notice of the present transfer application was issued for today
i.e. 11.12.2023, by a Co-ordinate Bench, vide order dated 22.08.2023. As
per office report, notice issued to the respondent has been received back
served through his mother. Perusal of the record also reveals that
respondent-husband has been served at the same address which has been
given by him in his petition under Section 13 of the Hindu Marriage Act,
1955, filed in the Court of Principal Judge, Family Court, Faridabad. Thus,
respondent-husband has been duly served. However, deliberately he has not
appeared before this Court as there is no representation on his behalf today.
4. I have heard learned counsel for the petitioner and gone through
the material available on record.
Neutral Citation No.: 2023:PHHC:158318
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
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
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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."
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. HMA/240/2023, titled
as "Sagar Gupta v. Isha Goyal", pending in the Court of
Principal Judge, Family Court, Faridabad, is transferred to a
Neutral Citation No.: 2023:PHHC:158318
Court of competent jurisdiction within Sessions Division
Chandigarh.
(ii) Learned District Judge, Faridabad/Principal Judge, Family
Court, Faridabad, is directed to transfer complete record
pertaining to the aforesaid case to learned District Judge,
Chandigarh, by directing both the sides to appear before the
Court of learned District Judge, Chandigarh, on a particular date
to be fixed by him, for further proceedings.
(iii) On receipt of record of the case, learned District Judge,
Chandigarh, will either keep the said case in his own Court or to
assign the same to a Court having competent jurisdiction within
Sessions Division Chandigarh, to try the same.
(iv) The concerned Court at Chandigarh, 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 Chandigarh, 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, Chandigarh, as per the direction of learned District Judge,
Faridabad/Principal Judge, Family Court, Faridabad, 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.
(SANJAY VASHISTH)
JUDGE
11.12.2023
Pkapoor Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
