Punjab-Haryana High Court
Amandeep Kaur vs Gursimran Singh on 12 December, 2023
Neutral Citation No.: 2023:PHHC:160013
TA-1065-2023 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
211 TA-1065-2023 (O&M)
Decided on: 12.12.2023
Amandeep Kaur
...Applicant/Petitioner
Versus
Gursimran Singh
...Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Rupender Singh Rana, Advocate (Legal Aid Counsel)
for the Applicant/petitioner.
None 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.
HMA/892/2023, filed by the respondent - husband, under Section 9 of the
Hindu Marriage Act, 1955, titled as "Gursimran Singh v. Amandeep Kaur",
presently pending in the Court of Ld. Addl. Principal Judge (Family Court),
Ludhiana, to any Court of competent jurisdiction at Ambala.
2. In the present case, for securing the presence of the respondent,
notice of motion was issued on 23.08.2023. As per office report, notice
issued to the respondent has been received back served through his mother.
Thus, service is complete. However, despite service, there is no
representation on behalf of the respondent.
3. The present transfer petition has been filed, inter alia, on the
following grounds:-
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i) Petitioner-wife and respondent-husband got married on
29.11.2020, at Ambala, according to the Sikh rites and
ceremonies, and child namely; 'Gurbaj Singh' (aged about 02
years) is born out of the said wedlock.
ii) Petitioner-wife is unemployed, and she has no source of
income. She is fully dependent upon her parents.
iii) Distance from Ludhiana to Ambala, is about 112 Kms. (one
side), which takes around 2:30-3:00 hours, thus, causing
extreme hardships to the petitioner-wife.
iv) 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.
v) Financial condition of the parental home of the petitioner-wife
is also not sound, and her parental family lives in a hand to
mouth condition.
vi) Besides above, two litigations i.e. (i) Petition under Section 25
of the Guardian and Wards Act, 1890, bearing case
No.GW/15/2023, for custody of minor child is pending
consideration before the Ld. Court at Principal Judge, Family
Court Ambala; and (ii) FIR No.9, dated 21.01.2023, under
Sections 323, 354-D, 377, 498-A, 506 of IPC & Section 3 of
SC/ST Act, 1989, registered at P.S. Shahzadpur, Distt. Ambala,
is also pending consideration before the Ld. JMIC, Naraingarh.
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:
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"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 ordinarily 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
JAWALA RAM 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;
(h) Accessibility of the location from where the wife resides
to the court where the case is pending;
(i) 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. As already noticed above, despite service and opportunity, the
respondent-husband has chosen, not to appear in the present proceedings.
Without commenting on the said issue, this Court deems it appropriate to
proceed with the prayer of the present applicant-petitioner.
10. Thus, applying the principles of law, laid down by Hon'ble the
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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 9 of the
Hindu Marriage Act, 1955, bearing No. HMA/892/2023, titled
as "Gursimran Singh v. Amandeep Kaur", pending in the Court
of Ld. Addl. Principal Judge (Family Court), Ludhiana, is
transferred to a Court of competent jurisdiction within Sessions
Division Ambala.
(ii) Learned District Judge, Ludhiana, is directed to transfer
complete record pertaining to the aforesaid case to learned
District Judge, Ambala, by directing both the sides to appear
before the Court of learned District Judge, Ambala, on a
particular date to be fixed by him, for further proceedings.
(iii) On receipt of record of the case, learned District Judge, Ambala,
will either keep the said case in his own Court or to assign the
same to a Court having competent jurisdiction within Sessions
Division Ambala, to try the same.
(iv) The concerned Court at Ambala, 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 Ambala, the concerned Court will
accommodate the parties to the lis with at least one date in a
calendar month.
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11. For compliance of the order passed by this Court, Registry is
directed to transmit copies of this order forthwith to learned District Judge,
Ludhiana and learned District Judge, Ambala, through email(s) as well.
Petition stands disposed of in above terms.
(SANJAY VASHISTH)
JUDGE
12.12.2023
J.Ram
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
