Manisha Koundal vs Suraj Kumar
2023 Latest Caselaw 15447 P&H

                                                    Neutral Citation No:=2023:PHHC:118309




TA-1156-2023                                                                -1-
                                                              2023:PHHC:118309



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                               TA-1156-2023 (O&M)
                                               Date of decision: 11.09.2023

Manisha Koundal
                                                                    ....Petitioner



                                         Vs.

Suraj Kumar
                                                                  ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Aditya Pratap Singh, Advocate
             for the petitioner.

                   *******

ARVIND SINGH SANGWAN, J. (Oral)

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

respondent-husband under Section 13(1)(i-a)(i-b) of the Hindu Marriage

Act, pending before the Family Court, Patiala to the competent Court of

jurisdiction at Chandigarh.

Learned counsel for the petitioner has argued that against an

order passed under Section 125 Cr.P.C., the respondent himself has filed an

application under Section 127 Cr.P.C., which is also pending before the

competent Court at Chandigarh. It is further submitted that the petitioner is

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

there is a distance of about 70 kms between Chandigarh and Patiala.

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Learned counsel has further contended that the petitioner is

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

facing difficulty to defend the case, as she has to travel from Chandigarh to

Patiala.

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 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

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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

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

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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(1)(i-a)(i-b) of the Hindu

Marriage Act, pending before the Family Court, Patiala will be

transferred to the competent Court of jurisdiction at

Chandigarh.

2. The District Judge, Chandigarh, will assign the said petition to

the competent Court of jurisdiction.

3. The Family Court, Patiala is directed to transfer all the record

pertaining to the aforesaid case(s) to District Judge,

Chandigarh.

4. The parties are directed to appear before the Family Court,

Chandigarh within a period of 01 month from today.

5. The Family Court, Chandigarh 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 to revive this

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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 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 Patiala, 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 Patiala, 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:118309

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