Rachna vs Virender Singh
2023 Latest Caselaw 16792 P&H

                                                      Neutral Citation No:=2023:PHHC:126658




TA-1252-2023                                                                  -1-
                                                                2023:PHHC:126658



        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH
(132)
                                                 TA-1252-2023 (O&M)
                                                 Date of decision: 27.09.2023

Rachna
                                                                      ....Petitioner



                                           Vs.

Virender Singh
                                                                    ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:      None for the petitioner.

                     *******

ARVIND SINGH SANGWAN, J. (Oral)

In view of resolution of the Bar, the lawyers are abstaining

from work today.

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

respondent-husband under Section 9 of the Hindu Marriage Act, pending

before the Family Court, Camp Court, Bahadurgarh, District Jhajjar to the

competent Court of jurisdiction at Hisar.

It is stated in the petition that on account of matrimonial

discord, the petitioner has filed an application under Section 125 Cr.P.C. at

Jaitu, District Hisar. It is further stated that the petitioner is facing difficulty

to defend the case at Bahadurgarh, as there is a distance of about 170 kms

from Hisar to Bahadurgarh.

As per application filed under Section 125 Cr.P.C., minor

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daughter is in custody of the petitioner.

In Sumita Singh Vs. Kumar Sanjay, 2002 SC 396 and Rajani

Kishor Pardeshi Vs. Kishor Babulal Pardeshi, 2005(12) SCC 237, 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."

Further, in N.C.V. Aishwarya Vs. A.S. Saravana Karthik

Sha, 2022 Live Law (SC) 627, 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."

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.

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 judgments in Sumita Singh's case (supra),

Rajani Kishor Pardeshi's case (supra) and N.C.V. Aishwarya's case

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(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 9 of the Hindu Marriage Act, pending before the Family Court, Camp Court, Bahadurgarh will be transferred to the competent Court of jurisdiction at Hisar.

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

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

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

5. The Family Court, Hisar 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

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

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proceedings at Bahadurgarh, 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 Bahadurgarh, in case the respondent opt to contest this petition.

Present petition is disposed of accordingly.

[ ARVIND SINGH SANGWAN ] JUDGE 27.09.2023 vishnu

Whether speaking/reasoned : Yes/No

Whether reportable: Yes/No

Neutral Citation No:=2023:PHHC:126658

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