Punjab-Haryana High Court
Meena vs Chandro Devi on 12 September, 2022
Author: Arvind Singh Sangwan
Bench: Arvind Singh Sangwan
CRM-M No.10640 of 2022 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M No.10640 of 2022 (O&M)
Date of decision: 12.09.2022
Meena
....Petitioner
Versus
Chandro Devi
....Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Gaurav Antwal, Advocate
for the petitioner.
None for the respondent.
ARVIND SINGH SANGWAN J. (Oral)
Prayer in this petition is for transfer of the petition filed under Section 12 of the Domestic Violence Act, pending in the Family Court, Karnal to the competent Court of jurisdiction at Kaithal.
Vide order dated 05.04.2022, the following order was passed:-
"Learned counsel for the petitioner inter-alia contends that the petitioner is a young lady having a six year old girl, who remains consistently unwell and in this regard medical record showing the child's illness has been placed on the record as Annexure P-4; there is a complaint under the Protection of Women from Domestic Violence Act, 2005 as also proceedings under Section 498-A IPC pending in the Courts at Kaithal; through a transfer petition being TA-183-2022 - Meena vs. Sukhdev, the petitioner has sought transfer of the proceedings filed by her husband under Section 9 of the Hindu Marriage Act, 1955 from Karnal to Kaithal in which this Court has already issued notice of motion and that the petitioner has no source of income and is living at the mercy of her parents.
Notice of motion for 12.07.2022."
Counsel for the petitioner has argued that on account of a 1 of 4 ::: Downloaded on - 15-09-2022 08:28:55 ::: CRM-M No.10640 of 2022 (O&M) 2 matrimonial discord, the respondent has filed the petition under Section 12 of the Domestic Violence Act before the Illaqa Magistrate, Karnal.
Counsel for the petitioner has also argued that on account of a petition filed by the respondent, the petitioner is facing great difficulty in prosecuting the said case as there is a distance of about 85 Kms from Kaithal to Karnal.
Counsel for the petitioner has further contended that the petitioner is having a minor child, who is living in her care and custody and she is facing difficulty to defend the case as she has to travel from Kaithal to Karnal.
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 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."
Counsel for the petitioner has also relied upon the judgment "N.C.V. Aishwarya vs A.S. Saravana Karthik Sha," 2022 Live Law (SC) 627, wherein the Hon'ble Supreme Court has observed as under:-
9. 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 2 of 4 ::: Downloaded on - 15-09-2022 08:28:56 ::: CRM-M No.10640 of 2022 (O&M) 3 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.
10. 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 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.
As per the office report, the respondent has been served, however, there is no representation on his behalf.
After hearing the counsel for the petitioner, considering the fact that the petitioner will have to bear the litigation expenses and transportation expenses and in view of the fact that a connection petition i.e. TA No.183 of 2022, has already been allowed vide order of 3 of 4 ::: Downloaded on - 15-09-2022 08:28:56 ::: CRM-M No.10640 of 2022 (O&M) 4 even date and further in view of the judgments i.e. 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 12 of the Domestic Violence Act, pending before the Illaqa Magistrate, Karnal will be transferred to the competent Court of jurisdiction at Kaithal.
2. The District Judge, Kaithal, will assign the said petition to the competent Court of jurisdiction.
3. The Illaqa Magistrate, Karnal is directed to transfer all the record pertaining to the aforesaid case to District Judge, Kaithal.
4. The parties are directed to appear before the trial Court, Kaithal, within a period of 01 month from today.
5. The Family Court, Kaithal will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties.
6. 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
12.09.2022
yakub Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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