Punjab-Haryana High Court
Kirandeep Kaur vs Sukhpreet Singh on 20 November, 2023
Neutral Citation No.: 2023:PHHC:147337
TA-1502-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
TA-1502-2022
Decided on: 20.11.2023
Kirandeep Kaur
...Applicant/Petitioner
Versus
Sukhpreet Singh
...Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Sukhmeet Singh, Advocate
for the Applicant/petitioner.
Mr. Jai Bhagwan, 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.
75 of 2022, filed by the respondent - husband, under Section 13 of the
Hindu Marriage Act, 1955, titled as "Sukhpreet Singh v. Kirandeep Kaur @
Gagan", presently pending in the Court of Principal Judge, Family Court,
Malerkotla, to any Court of competent jurisdiction at Moga.
2. The present transfer petition has been filed, inter alia, on the
following grounds:-
i) Petitioner-wife and respondent-husband got married on
23.11.2005, at Village Dune Ke, Tehsil and District Moga,
according to the Sikh rites and ceremonies.
ii) Out of the said wedlock, two children, namely, Sukhvir Singh
PRASHANT KAPOOR
2023.11.21 10:38
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Neutral Citation No.: 2023:PHHC:147337
(son) and Pavneet Kaur (daughter), now aged about about 14
years and 9 years, respectively, were born, who are minor and
staying/residing with the respondent - husband.
iii) Petitioner-wife has no independent source of income and she is
dependant upon/residing with her parents at Village Dune Ke,
Aare Wali Gali, Tehsil and District Moga.
iv) Present place of residence of the applicant/petitioner to
Malerkotla, is at a distance of about 100 Kms. (one side), thus,
causing extreme hardships to the petitioner-wife.
v) Since the petitioner-wife is residing with her parents in a
village, which lacks convenient transportation options, thus, she
is compelled to rely on public transit, resulting in significant
hardships.
vi) 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.
vii) Petitioner-wife has also instituted a petition under Section 125
Cr.P.C. (Annexure P-2) and another petition under Section 12 of
the Protection of Women from Domestic Violence Act, 2005
(Annexure P-3), which are pending adjudication in the Courts
at Moga.
3. On the other hand, Mr. Jai Bhagwan, learned counsel for the
respondent-husband submits vehemently argues that both the minor children,
who are aged about 14 years and 9 years respectively, are residing with the
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2023.11.21 10:38
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Neutral Citation No.: 2023:PHHC:147337
respondent-husband and he is looking after their day-to-day needs, apart
from education. Therefore, he opposed the prayer made in the present
application for transfer of case from Malerkotla to Moga.
However, on a specific query by this Court that once
respondent-husband is admittedly appearing in two cases instituted by
applicant/petitioner at Moga, how such a plea is maintainable, learned
counsel for the respondent has not been able to give any satisfactory reply.
4. I have heard learned counsel for the parties 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
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."
PRASHANT KAPOOR
2023.11.21 10:38
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Neutral Citation No.: 2023:PHHC:147337
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, 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
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2023.11.21 10:38
parents;
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Neutral Citation No.: 2023:PHHC:147337
(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. Considering the aforementioned settled legal proposition of law
and facts of the present case, the submission made by learned counsel for the
respondent is not tenable and the same is hereby rejected.
10. 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. 75 of 2022, titled as
"Sukhpreet Singh v. Kirandeep Kaur @ Gagan", pending in the
Court of Principal Judge, Family Court, Malerkotla, is
transferred to a Court of competent jurisdiction within Sessions
Division Moga.
(ii) Learned District Judge, Sangrur, is directed to transfer complete
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record pertaining to the aforesaid case to learned District Judge,
Moga, by directing both the sides to appear before the Court of
learned District Judge, Moga, on a particular date to be fixed by
him, for further proceedings.
(iii) On receipt of record of the case, learned District Judge, Moga,
will either keep the said case in his own Court or to assign the
same to a Court having competent jurisdiction within Sessions
Division Moga, to try the same.
(iv) The concerned Court at Moga, 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 Moga, the concerned Court will accommodate
the parties to the lis with at least one date in a calendar month.
11. For compliance of the order passed by this Court, Registry is
directed to transmit copies of this order forthwith to learned District Judge,
Sangrur and learned District Judge, Moga, through email(s) as well.
Parties through their counsel are also directed to ensure their
appearance accordingly.
Petition stands disposed of in above terms.
(SANJAY VASHISTH)
JUDGE
20.11.2023
Pkapoor
Whether speaking/reasoned? Yes/No
PRASHANT KAPOOR
2023.11.21 10:38
Whether reportable? Yes/No
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authenticity of this
order/judgment
