Punjab-Haryana High Court
Surinder Kaur vs Sukchain Singh on 1 February, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:013888
TA No.136 of 2024 (O&M) - 1-
2024:PHHC:013888
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
115
TA No.136 of 2024 (O&M)
Date of Decision: 01.02.2024
Surinder Kaur
...Petitioner
Versus
Sukchain Singh
...Respondent
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present:-. Ms. Komal Preet Kaur, Advocate for
Mr. Sandeep Arora, Advocate for the petitioner.
*****
KIRTI SINGH, J.(Oral)
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 Ferozepur to the competent Court of
jurisdiction at Jalandhar.
2. Learned counsel for the petitioner has argued that on account
of matrimonial discord, the petitioner has lodged an FIR No.166, dated
03.10.2023 under Sections 406 and 498-A IPC at Police Station Shahkot,
District Jalandhar. 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 approximate 100 kms. between Ferozepur and Jalandhar. The
petitioner is residing with her old aged parents at Jalandhar and it is very
inconvenient for the petitioner to attend every hearing.
1 of 4
Neutral Citation No:=2024:PHHC:013888
2024:PHHC:013888
3. 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.
4. 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 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."
2 of 4
Neutral Citation No:=2024:PHHC:013888
2024:PHHC:013888
5. 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, 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.
6. 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 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 9 of the Hindu Marriage
Act, pending before the Family Court, Ferozepur will be
transferred to the competent Court of jurisdiction at
Jalandhar.
2. The District Judge, Jalandhar will assign the said
petition to the competent Court of jurisdiction.
3. The Family Court, Ferozepur is directed to transfer all
the record pertaining to the aforesaid case(s) to District
Judge, Jalandhar.
4. The parties are directed to appear before the Family
Court, Jalandhar within a period of 01 month from today.
3 of 4
Neutral Citation No:=2024:PHHC:013888
2024:PHHC:013888
5. The Family Court, Jalandhar 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 calendar month.
7. 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 proceedings at Ferozepur, 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 Ferozepur, in case the
respondent opt to contest this petition.
8. Present petition is disposed of accordingly.
(KIRTI SINGH)
JUDGE
01.02.2024
Ankur
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:013888
4 of 4
