Punjab-Haryana High Court
Harjot Kaur vs Jaspreet Singh Mann on 9 August, 2022
Author: Arvind Singh Sangwan
Bench: Arvind Singh Sangwan
244 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
TA-137-2022
Date of decision 09.08.2022
HARJOT KAUR
....PETITIONER
Versus
JASPREET SINGH MANN
...RESPONDENT
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Gaurav Pathak, Advocate with
Mr. Yatin Sardana, Advocate
for the petitioner.
None 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, Amritsar to the competent Court of jurisdiction at Fatehgarh Sahib.
While issuing notice of motion, following order was passed on 14.02.2022: -
"The respondent's wife seeks transfer of the petition under Section 13 of the Hindu Marriage Act, 1955 titled as "Jaspreet Singh Mann v. Harjot", pending in the Court of the Additional Principal Judge, Family Court, Amritsar, to the Court of competent jurisdiction at Fatehgarh Sahib. It has been pleaded that the respondent is already facing prosecution in a criminal complaint under Section 12, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 titled as "Harjot Kaur v. Jaspreet Singh Mann, which is pending in the Court at Fatehgarh Sahib. The 1 of 4 ::: Downloaded on - 13-08-2022 03:40:49 ::: TA-137-2022 -2- petitioner is required to defend the proceedings in the District Courts at Amritsar, which is at a distance of approximately 222 Kms. from Fatehgarh Sahib.
Notice of motion for 17.03.2022."
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 behavioral 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.
2 of 4 ::: Downloaded on - 13-08-2022 03:40:50 ::: TA-137-2022 -3- 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."
No reply has been filed on behalf of the respondent. 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 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 conditions:-
1. The petition filed under Section 13 of the Hindu Marriage Act, pending before the Family Court, Amritsar will be transferred to the competent Court of jurisdiction at Fatehgarh Sahib.
2. The District Judge, Fatehgarh Sahib will assign the said 3 of 4 ::: Downloaded on - 13-08-2022 03:40:50 ::: TA-137-2022 -4- petition to the competent Court of jurisdiction.
3. The Family Court, Amirtsar is directed to transfer all the record pertaining to the aforesaid case to District Judge, Fatehgarh Sahib.
4. The parties are directed to appear before the District Judge, Fatehgarh Sahib within a period of 01 month from today.
Present petition is disposed of accordingly.
(ARVIND SINGH SANGWAN)
09.08.2022 JUDGE
monika
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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