Archana Puri vs Rakesh Kumar
2023 Latest Caselaw 14950 P&H

                                TA-1130-2023                                                                  -1-
                                                                                                 2023:PHHC:115599


                                                 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                                CHANDIGARH

                                                                                    TA-1130-2023 (O&M)
                                                                                    Date of decision: 04.09.2023

                                Archana Puri
                                                                                                       ....Petitioner



                                                                           Vs.

                                Rakesh Kumar and anr.
                                                                                                   ....Respondents

                                CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

                                Present:            Mr. Saurav Bhatia, Advocate
                                                    for the petitioner.

                                                          *******

                                ARVIND SINGH SANGWAN, J. (Oral)

Prayer in this petition is for transfer of the petition i.e. GW

No.33 of 2023 filed by respondent No.1-husband under Section 25 of

Guardian and Wards Act read with Section 6 of Hindu Minority and

Guardianship Act, pending before the Family Court, Kapurthala to the

competent Court of jurisdiction at Balachaur, District SBS Nagar.

Learned counsel for the petitioner has argued that on account of

matrimonial discord, the petitioner has registered an FIR under Sections 406

& 498-A IPC, at Police Station City Balachaur. It is further submitted that

the petitioner is facing great difficulty in prosecuting the petition filed by

respondent No.1, as there is a distance of about 120 kms between Balachaur

and Kapurthala. It is also submitted that even otherwise, the petition under

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2023:PHHC:115599

Section 25 of the Act is maintainable at the place, where the child is

residing. It is next submitted that TA-1116-2023, praying for transfer of

petition under Section 9 of Hindu Marriage Act, filed by the respondent-

husband, stands allowed on 01.09.2023.

Learned counsel has further contended that the petitioner is

having a minor child, who is living in her care and custody and she is facing

difficulty to defend the case, as she has to travel from Balachaur to

Kapurthala.

Learned counsel has relied upon the judgments Sumita Singh

Vs. Kumar Sanjay, 2002 SC 396 and Rajani Kishor Pardeshi Vs. Kishor

Babulal Pardeshi, 2005(12) SCC 237, wherein the Hon'ble Supreme Court

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."

Learned counsel has further relied upon N.C.V. Aishwarya Vs.

A.S. Saravana Karthik Sha, 2022 Live Law (SC) 627, wherein the

Hon'ble Supreme Court held as under: -

"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

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2023:PHHC:115599

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.

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."

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

family condition of the wife, custody of the minor child, economic

condition of the wife, her physical health and earning capacity of the

husband and most important, 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.

After hearing the counsel for the petitioner, 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 view

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of the fact that even in case notice of motion is issued, even the

respondent/husband has to bear the litigation expenses and in view of the

judgments in 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 deem it appropriate to allow the present petition,

subject to the following conditions:-

1. The petition i.e. GW No.33 of 2023 filed by the respondent- husband under Section 25 of Guardian and Wards Act read with Section 6 of Hindu Minority and Guardianship Act, pending before the Family Court, Kapurthala will be transferred to the competent Court of jurisdiction at Balachaur.

2. The District Judge, Balachaur, will assign the said petition to the competent Court of jurisdiction.

3. The Family Court, Kapurthala is directed to transfer all the record pertaining to the aforesaid case(s) to District Judge, Balachaur.

4. The parties are directed to appear before the Family Court, Balachaur within a period of 01 month from today.

5. The Family Court, Balachaur will make all the endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of amicable settlement between the parties.

6. The Court concerned, where the litigations between the parties are pending, will accommodate them with one date in one calender month.

However, liberty is granted to the respondent-husband to revive

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

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(a) The respondent will clear all arrears of maintenance amount, if any, in terms of a 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 for attending the Court proceedings at Kapurthala, on each and every date of hearing.

(c) The respondent will bring a demand draft of Rs.25,000/- towards the litigation expenses of the petitioner to pursue the case at Kapurthala, in case the respondent opt to contest this petition.

Present petition is disposed of accordingly.

                                                                            [ ARVIND SINGH SANGWAN ]
                                                                                     JUDGE
                                04.09.2023
                                vishnu



                                Whether speaking/reasoned :            Yes/No

                                Whether reportable:                    Yes/No




VISHNU
2023.09.04 14:16

I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh