Punjab-Haryana High Court
Kuldeep Kaur vs Gurpreet Singh on 20 November, 2023
Neutral Citation No.: 2023:PHHC:147371
TA-25-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
TA-25-2023
Decided on: 20.11.2023
Kuldeep Kaur
...Applicant/Petitioner
Versus
Gurpreet Singh
...Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Sandeep Sharma, Advocate,
for Mr. Rajesh Bhatheja, 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.
DMC/1187/2022, filed by the respondent - husband, under Section 13 of the
Hindu Marriage Act, 1955, titled as "Gurpreet Singh v. Kuldeep Kaur",
presently pending in the Court of Principal Judge, Family Court, Bathinda,
Camp at Phul, 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
10.12.2012, according to the Sikh rites and ceremonies.
ii) Out of the said wedlock, one daughter - Ekamjot Kaur, now
aged about 10 years, was born, who is minor and alleged to
have been kept by the respondent - husband forcibly by turning
PRASHANT KAPOOR
2023.11.21 10:38
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order/judgment
Neutral Citation No.: 2023:PHHC:147371
out the applicant/petitioner from the matrimonial home in July,
2018.
iii) Petitioner-wife is not earning anything, while the respondent-
husband is stated to be an agriculturist and also doing the work
of dairy farming.
iv) For attending the proceedings in the Family Court, Bathinda,
Camp at Phul, from Moga, applicant/petitioner has to cover a
distance of about 70 Kms. (one side), thus, causing extreme
hardships to her.
v) 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.
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 was also compelled to lodge a complaint under
Section 498-A, 406 and 34 IPC, at Police Station Kot Isse
Khan, District Moga, and one petition under Section 125
Cr.P.C. before learned Principal Judge, Family Court, Moga.
3. Notice of motion in the present petition was issued on
07.02.2023 and despite service no one had put in appearance on behalf of the
respondent-husband. Accordingly, vide order dated 07.07.2023, passed by a
Co-ordinate Bench of this Court, respondent-husband was ordered to be
proceeded against ex parte.
PRASHANT KAPOOR
2023.11.21 10:38
I attest to the accuracy and
authenticity of this
order/judgment
Neutral Citation No.: 2023:PHHC:147371
Position remains the same, inasmuch as, no one has put in
appearance on behalf of the respondent-husband today or any application for
recalling of the ex parte order is forthcoming.
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:
"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
PRASHANT KAPOOR
2023.11.21 10:38
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order/judgment
Neutral Citation No.: 2023:PHHC:147371
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
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;
PRASHANT KAPOOR
(h) Accessibility of the location from where the wife resides
2023.11.21 10:38
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Neutral Citation No.: 2023:PHHC:147371
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 notice above, despite service and opportunity, the
respondent-husband has chosen not to appear in the present proceedings and
he has already been ordered to be proceeded against ex parte.
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. DMC/1187/2022, titled
as "Gurpreet Singh v. Kuldeep Kaur", pending in the Court of
Principal Judge, Family Court, Bathinda, Camp at Phul, is
transferred to a Court of competent jurisdiction within Sessions
Division Moga.
(ii) Learned District Judge, Bathinda, is directed to transfer
complete 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
PRASHANT KAPOOR
2023.11.21 10:38
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order/judgment
Neutral Citation No.: 2023:PHHC:147371
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 di-
rected to transmit copies of this order forthwith to learned District Judge,
Bathinda and learned District Judge, Moga, through email(s) as well.
Petition stands disposed of in above terms.
(SANJAY VASHISTH)
JUDGE
20.11.2023
Pkapoor
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
PRASHANT KAPOOR
2023.11.21 10:38
I attest to the accuracy and
authenticity of this
order/judgment
