Laxmi Rani vs Subhash Chander
2023 Latest Caselaw 432 P&H

T.A.No.28 of 2023(O&M)                                                                         1



                 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                CHANDIGARH

                               102                            TA No.28 of 2023 (O&M)
                                                            Date of decision: 11.01.2023

          Laxmi Rani                                              ...Petitioner(s)
                                       vs

          Subhash Chander                                         ...Respondent(s)

          CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

          Present:- Mr. Amit Kohar, Advocate for the petitioner.

                         ***

NIDHI GUPTA, J.(Oral)

1. Prayer in this petition filed by petitioner wife is for transfer of

the petition bearing No.DMC/83/2022 filed by respondent-husband under

Section 9 of the Hindu Marriage Act, 1955, titled "Subhash Chander vs.

Laxmi Rani" pending in the Court of Principal Judge (Family Court),

Fazilka to a court of competent jurisdiction at Hansi, District Hisar.

2. Learned counsel for the petitioner, inter alia, submits that:

i) that the parties were married on 07.07.2017 according to Hindu rites and rituals.

ii) that one daughter was born out of the wedlock on 27.07.2018.

iii) that the petitioner along with her minor daughter is living with her sister in rented accommodation at Hansi since March, 2022.

iv) that the petitioner has also filed petition under Section 125 Cr.P.C. at Family Court, Hansi

v) that the petitioner has no source of income.

vi) that distance between place of residence and place of proceedings is 275 kms. (one side).

3. I have heard learned counsel for the petitioner.

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4. The legal position in such like cases as the present one, is well

established. In this regard, judgment of the Hon'ble Supreme Court

rendered in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha," 2022

Live Law (SC) 627, is most relevant wherein the Hon'ble Supreme

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."

5. Further reliance can be placed upon the judgments in "Sumita

Singh vs Kumar Sanjay", 2002 SC 396 and "Rajani Kishor

Pardeshivs 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

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allowed, taking into consideration their convenience and the Courts

should desist from putting female litigants under undue hardships."

6. Even this Court in number of cases has followed the aforesaid

principle of law. Accordingly, 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.

7. After going through the entire paperbook, 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 deems it appropriate to allow the present petition, subject to the

following conditions:-

a) The petition bearing No.DMC/83/2022 filed by

respondent-husband under Section 9 of the Hindu

Marriage Act, 1955, titled "Subhash Chander vs. Laxmi

Rani" pending in the Court of Principal Judge (Family

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Court), Fazilka is transferred to a court of competent

jurisdiction at Hansi, District Hisar.

b) The ld. District Judge, Fazilka is directed to transfer

complete record pertaining to the aforesaid case to

District Judge, Hisar.

c) The parties are directed to appear before the District

& Sessions Judge, Hisar on 09.02.2023.

d) The District Judge, Hisar will assign the said petition

to the Court of competent jurisdiction.

8. The concerned Court at Hisar 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.

9. The Court concerned, where the litigation pending between

the parties, will accommodate them with one date in one calendar month.

10. However, liberty is granted to the respondent to revive this

petition, if he intends to contest the same, provided that:-

(a) The respondent will clear all arrears of maintenance

amount, if any, in terms of any 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

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for attending the Court proceedings at Courts, Hansi on

each and every date of hearing.

(c) The respondent will bring a demand draft of

Rs.25,000/-, drawn in favour of petitioner, towards the

litigation expenses to pursue the case at Courts, Hansi in

case the respondent opts to contest this petition.

11. I am supported in the above by decisions rendered by a Co-

ordinate Bench of this Court in TA No. 1315/2022, Rohini Arora v

Nitin Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet

Singh; and TA No. 1323 of 2022, Usha Rani v Karmajit Singh.

12. As already noticed above, since the petition is being disposed

of without issuing notice to the respondent, accordingly, in these peculiar

circumstances, in order to ensure appearance of the parties before the

District Judge, Hisar on 09.02.2023, it is directed that a copy of this order

be sent to the respondent(s) through registered post, besides sending a

copy of this order to the District Judges concerned through e-mail.

Petitioner through her counsel, present in the Court, is directed to ensure

her appearance accordingly.

Disposed of.

          11.01.2023                                       (Nidhi Gupta)
          ashok                                               Judge
          Whether speaking/reasoned: Yes/No
          Whether reportable:       Yes/No




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