Kinderpal Kaur And Others vs Jaswinder Singh
2023 Latest Caselaw 15436 P&H

                                                     Neutral Citation No:=2023:PHHC:118307




TA-1154-2023                                                                 -1-
                                                               2023:PHHC:118307



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                TA-1154-2023 (O&M)
                                                Date of decision: 11.09.2023

Kinderpal Kaur and others
                                                                    ....Petitioners



                                          Vs.

Jaswinder Singh
                                                                   ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Hasrat Brar, Advocate
             for the petitioners.

                    *******

ARVIND SINGH SANGWAN, J. (Oral)

Prayer in this petition is for transfer of the petition filed by the

respondent-husband under Section 25 of the Guardians and Wards Act,

1890, pending before the Family Court, Bathinda to the competent Court of

jurisdiction at Zira, District Ferozepur.

Learned counsel for the petitioners has argued that vide decree

dated 16.11.2021, marriage between petitioner No.1 and the respondent was

dissolved under Section 13-B of Hindu Marriage Act. It is further submitted

that one of the condition of the divorce granted by way of mutual consent

was that the respondent will not claim custody of the minor daughter from

petitioner No.1. It is also submitted that now the respondent has filed a

1 of 5

Neutral Citation No:=2023:PHHC:118307

2023:PHHC:118307

petition under Section 25 of the Guardians and Wards Act for custody of the

minor daughter namely Khushmit Kaur, at Bathinda, though the child is

residing in care and custody of petitioner No.1/mother in Tehsil Zira,

District Ferozepur. It is next submitted that even as per Section 9 of the

Guardians and Wards Act, the jurisdiction would lie at a place, where the

child is residing.

Learned counsel has further submitted that petitioner No.1 is

facing great difficulty in prosecuting the petition filed by the respondent, as

there is a distance of about 105 kms between Zira and Bathinda.

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

2 of 5

Neutral Citation No:=2023:PHHC:118307

2023:PHHC:118307

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.

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 petitioners, considering the

3 of 5

Neutral Citation No:=2023:PHHC:118307

2023:PHHC:118307

fact that issuance of notice to the respondent has the consequences of

staying further proceedings before the trial Court, otherwise petitioner

No.1-wife will have to bear the litigation expenses and transportation

expenses and in view 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 filed under Section 25 of the Guardians and Wards Act, 1890, pending before the Family Court, Bathinda will be transferred to the competent Court of jurisdiction at Zira, District Ferozepur.

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

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

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

5. The Family Court, Zira 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.

4 of 5

Neutral Citation No:=2023:PHHC:118307

2023:PHHC:118307

However, liberty is granted to the respondent to revive this

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

(a) The respondent will clear all arrears of maintenance amount, if

any, in terms of a petition filed by petitioner No.1 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 petitioner No.1 for attending the Court

proceedings at Bathinda, on each and every date of hearing.

(c) The respondent will bring a demand draft of Rs.25,000/-

towards the litigation expenses of petitioner No.1 to pursue the

case at Bathinda, in case the respondent opt to contest this

petition.

Present petition is disposed of accordingly.

[ ARVIND SINGH SANGWAN ] JUDGE 11.09.2023 vishnu

Whether speaking/reasoned : Yes/No

Whether reportable: Yes/No

Neutral Citation No:=2023:PHHC:118307

5 of 5