Punjab-Haryana High Court
Alka Saini vs Mandeep Kumar on 6 September, 2023
TA-268-2023 -1-
2023:PHHC:117597
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA-268-2023 (O&M)
Date of decision: 06.09.2023
Alka Saini
....Petitioner
Vs.
Mandeep Kumar
....Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Ms. Nancy Vashistha, Advocate for
Ms. Namit Khurana, Advocate
for the petitioner.
None for the respondent.
*******
ARVIND SINGH SANGWAN, J. (Oral)
Prayer in this petition is for transfer of the petition filed by the
respondent-husband under Section 13 of the Hindu Marriage Act, pending
before the Family Court, Ambala to the competent Court of jurisdiction at
Yamuna Nagar.
Learned counsel for the petitioner has argued that on account of
matrimonial discord, the petitioner has filed a petition under Section 125
Cr.P.C. and an FIR under Sections 323, 354, 377, 406, 498A, 506 IPC at
Yamuna Nagar. It is further submitted that the petitioner is facing great
VISHNU
2023.09.06 15:11
I attest to the accuracy and integrity of this
document
Punjab and Haryana High Court,
Chandigarh
2023:PHHC:117597
difficulty in prosecuting the petition filed by the respondent, as there is a
distance of about 60 kms from Yamuna Nagar to Ambala.
Learned counsel has further contended that the petitioner is
having two minor children, who are living in her care and custody and she is
facing difficulty to defend the case, as she has to travel from Yamuna Nagar
to Ambala.
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
VISHNU
2023.09.06 15:11
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Punjab and Haryana High Court,
Chandigarh
2023:PHHC:117597
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.
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."
As per office report, the respondent is served, however, there is
no representation on his behalf.
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
VISHNU
2023.09.06 15:11
I attest to the accuracy and integrity of this
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Punjab and Haryana High Court,
Chandigarh
2023:PHHC:117597
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 the petitioner-wife will have to bear the litigation expenses and
transportation 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 filed under Section 13 of the Hindu Marriage Act,
pending before the Family Court, Ambala will be transferred to
the competent Court of jurisdiction at Yamuna Nagar.
2. The District Judge, Yamuna Nagar will assign the said petition
to the competent Court of jurisdiction.
3. The Family Court, Ambala is directed to transfer all the record
pertaining to the aforesaid case to District Judge, Yamuna
Nagar.
4. The parties are directed to appear before the Family Court,
Yamuna Nagar within a period of 01 month from today.
5. The Family Court, Yamuna Nagar will make all the endeavour
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2023.09.06 15:11
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Chandigarh
2023:PHHC:117597
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.
Present petition is disposed of accordingly.
[ ARVIND SINGH SANGWAN ]
JUDGE
06.09.2023
vishnu
Whether speaking/reasoned : Yes/No
Whether reportable: Yes/No
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