Punjab-Haryana High Court
Gurwant Kaur vs Harmanpreet Singh on 29 September, 2023
TA No.569 of 2023 (O&M)
1
2023:PHHC:127024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA No.569 of 2023 (O&M)
Date of decision: 29.09.2023
Gurwant Kaur
....Petitioner
Versus
Harmanpreet Singh
....Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. S.S. Gill, Advocate
for the petitioner.
Mr. Ashok K. Sama, Advocate
for the respondent.
ARVIND SINGH SANGWAN J. (Oral)
Prayer in this petition is for transfer of the petition filed
under Section 13 of the Hindu Marriage Act, pending in the Family
Court, Fazilka to the competent Court of jurisdiction at Amritsar.
Counsel for the petitioner has argued that on account of a
matrimonial discord, the respondent/husband has filed the petition
under Section 13 of the Hindu Marriage Act, before the Principal Judge,
Family Court, Fazilka.
Counsel for the petitioner has also argued that on account
of a petition filed by the respondent/husband, the petitioner is facing
great difficulty in prosecuting the said case as there is a distance of
about 215 Kms from Amritsar to Fazilka.
Counsel for the petitioner 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 has observed that while deciding the
MOHD YAKUB
2023.09.29 12:32
I attest to the accuracy and authenticity of
this document
Punjab and Haryana High Court,
Chandigarh.
TA No.569 of 2023 (O&M)
2023:PHHC:127024
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."
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 the family condition of the wife, the custody of the minor
child, economic condition of the wife, her physical health and earning
capacity of the husband and most important the 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.
Counsel for the respondent has, however, not disputed the
factual position but opposed the submissions made by counsel for the
petitioner.
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 i.e. Sumita
Singh's case (supra) and Rajani Kishor Pardeshi'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, Fazilka will be
transferred to the competent Court of jurisdiction at
MOHD YAKUB
2023.09.29 12:32
I attest to the accuracy and authenticity of
this document
Punjab and Haryana High Court,
Chandigarh.
TA No.569 of 2023 (O&M)
2023:PHHC:127024
Amritsar.
2. The District Judge, Amritsar, will assign the said petition
to the competent Court of jurisdiction.
3. The Family Court, Fazilka is directed to transfer all the
record pertaining to the aforesaid case to District Judge,
Amritsar.
4. The parties are directed to appear before the trial Court,
Amritsar, within a period of 01 month from today.
5. The Court concerned, where the litigation pending
between the parties, will accommodate them with one date
in one calendar month.
Disposed of.
(ARVIND SINGH SANGWAN)
JUDGE
29.09.2023
yakub Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
MOHD YAKUB
2023.09.29 12:32
I attest to the accuracy and authenticity of
this document
Punjab and Haryana High Court,
Chandigarh.
