Umawati vs Kamal Das
2023 Latest Caselaw 15591 P&H

Citation : 2023 Latest Caselaw 15591 P&H
Judgement Date : 12 September, 2023

Punjab-Haryana High Court

Umawati vs Kamal Das on 12 September, 2023

                                                    Neutral Citation No:=2023:PHHC:119189




TA-596-2023                                                                 -1-
                                                              2023:PHHC:119189



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                               TA-596-2023 (O&M)
                                               Date of decision: 12.09.2023

Umawati
                                                                    ....Petitioner



                                         Vs.

Kamal Das
                                                                  ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:    Mr. Amit Khari, Advocate
            for the petitioner.

            Mr. Manoj Pundir, Advocate and
            Ms. Nisha Rathore, Advocate
            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, SAS Nagar (Mohali) to the competent Court of

jurisdiction at Pehowa, District Kurukshetra.

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., petition/complaint under the Domestic Violence Act and an FIR

No.114 of 2022 under Sections 323, 377, 406, 498-A, 506 IPC at Pehowa. It

is further submitted that the petitioner is facing great difficulty in

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prosecuting the petition filed by the respondent, as there is a distance of

about 100 kms from Kurukshetra to SAS Nagar (Mohali).

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 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

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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."

Learned counsel for the respondent has opposed the prayer for

transfer of petition under Section 13 of Hindu Marriage Act filed by the

respondent from SAS Nagar (Mohali) to Pehowa, District Kurukshetra.

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 parties, 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

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conditions:-

1. The petition filed under Section 13 of the Hindu Marriage Act, pending before the Family Court, SAS Nagar (Mohali) will be transferred to the competent Court of jurisdiction at Pehowa, District Kurukshetra.

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

3. The Family Court, SAS Nagar (Mohali) is directed to transfer all the record pertaining to the aforesaid case to District Judge, Kurukshetra.

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

5. The Family Court, Pehowa, District Kurukshetra 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.