Punjab-Haryana High Court
Sonia Sharma vs Rajesh Bakshi on 20 September, 2024
Author: Archana Puri
Bench: Archana Puri
Neutral Citation No:=2024:PHHC:124567
1
TA-713-2022 (O&M) AND CRM-M-32872-2022 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.101
Date of Decision: 20.09.2024
1. CM-10313-CII-2022 IN/AND TA-713-2022
SONIA SHARMA
....Applicant
Versus
RAJESH BAKSHI
.....Respondent
2. CRM-M-32872-2022 (O&M)
SONIA SHARMA
....Petitioner
Versus
RAJESH BAKSHI
.....Respondent
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present:- Mr. Edward Augustine Goerge, Advocate
for the applicant/respondent (in TA-713-2022) and
for the respondent (in CRM-M-32872-2022).
Mr. Sahil Vashishat, Advocate
for non-applicant/petitioner (in TA-713-2022) and
for the petitioner (in CRM-M-32872-2022).
*****
ARCHANA PURI, J. (Oral)
Vide this order, I shall dispose of two cases, filed for seeking transfer of the litigation, pending between the parties to the lis, arising from 1 of 6 ::: Downloaded on - 23-09-2024 04:08:35 ::: Neutral Citation No:=2024:PHHC:124567 2 TA-713-2022 (O&M) AND CRM-M-32872-2022 (O&M) their matrimonial dispute.
TA-713-2022 had been filed by the applicant-wife for seeking transfer of the civil suit for declaration titled 'Rajesh Bakshi Vs. Sonia Sharma' and the petition under Section 9 of the Hindu Marriage Act titled 'Rajesh Bakshi Vs. Sonia Sharma', filed by the respondent-husband.
CRM-M-32872-2022 has again been filed by the petitioner- wife for seeking transfer of the complaint under Section 12 of the Protection of Women from Domestic Violence Act i.e. COMA/171/2018 titled 'Sonia Sharma and another Vs. Rajesh Bakshi'.
All the three aforesaid cases are pending in the Courts at Derabassi and the applicant/petitioner is seeking transfer of the same to the Court of competent jurisdiction at Chandigarh.
For the convenience, the parties, are referred, as making appearance in TA-713-2022.
Initially, TA-713-2022 was filed by the applicant-Sonia Sharma, for seeking transfer of the civil suit for declaration titled 'Rajesh Bakshi Vs. Sonia Sharma' and the petition under Section 9 of the Hindu Marriage Act titled 'Rajesh Bakshi Vs. Sonia Sharma'. Both the cases were filed by the respondent-husband in the Courts at Derabassi and the applicant is making appearance in both the aforesaid cases. Now, the wife is seeking transfer of these cases from Derabassi to Chandigarh. It is pertinent to mention that after filing of the aforesaid cases, the divorce petition has been filed by the applicant/petitioner, in the Courts at Chandigarh.
TA-713-2022, without issuance of notice to the respondent, considering the aforesaid assertions, vide order dated 20.07.2022 passed by 2 of 6 ::: Downloaded on - 23-09-2024 04:08:36 ::: Neutral Citation No:=2024:PHHC:124567 3 TA-713-2022 (O&M) AND CRM-M-32872-2022 (O&M) this Court, was allowed and both the aforesaid cases, relating to TA-713- 2022, were ordered to be transferred to Chandigarh. However, in the said order, even liberty was granted to the respondent/husband, to revive the application, if he intended to contest the same.
It is in this backdrop, the applicant/respondent/husband has filed an application i.e. CM-10313-CII-2022, for seeking revival of the transfer application.
Reply to the transfer application was filed. Even, the counsel for the respondent has submitted that the contents of the application be also taken into consideration in CRM-M-32872-2022.
Learned counsel for the parties heard.
In the reply to the transfer application, it is submitted by the counsel for the husband that the wife had filed false complaints against the applicant/respondent/husband, at Police Station Zirakpur, only to harass and humiliate him. In fact, the police found no truth in the same and as such, all the aforesaid complaints were closed. Also, it is submitted that even the petition under the Protection of Women from Domestic Violence Act, was filed by the Wife, during the pendency of the civil suit at Derabassi and the said petition was also filed at Derabassi, which is still pending. It was only, during the pendency of the aforesaid litigation, that the wife had filed the divorce petition in the Courts at Chandigarh.
Also, it is submitted by the counsel for the husband that the parties are residing in the same residential premises in Derabassi, though, they are residing separate. The Courts at Derabassi are at a distance of 6-8 kilometres, from the residence of the parties to the lis and as such, it is 3 of 6 ::: Downloaded on - 23-09-2024 04:08:36 ::: Neutral Citation No:=2024:PHHC:124567 4 TA-713-2022 (O&M) AND CRM-M-32872-2022 (O&M) convenient for both the parties to pursue the litigation, if the same continues to remain pending in the Courts at Derabassi only, more particularly, when the petition under the Protection of Women from Domestic Violence Act, was filed by the Wife at Derabassi.
Also further, it is submitted that it was wrongly projected before this Court by the non-applicant/petitioner/wife in the transfer application, about the child born from their wedlock, who is 13 years old, to be studying in Chandigarh. In fact, it is also pointed out that the child, who is 13-14 years old, is staying with both his parents. Both the parents are sharing their responsibility in the upbringing of their child. The said child commutes daily from Derabassi house to his school in the school bus. It is further pointed out that he is so commuting to his school, in this manner, for the last 7-8 years. Besides the same, also it is submitted by the counsel for the husband that the wife is employed as Manager (Sales) in Multi National Company at Chandigarh and she also is commuting to Chandigarh, from Derabassi, in routine.
In the light of the aforesaid, it is submitted by the counsel for the husband that there was concealment of the material facts, at the instance of the wife, on account of which, the order dated 20.07.2022, with regard to transfer of the cases ought to be set aside and the transfer application be dismissed.
In view of the submissions made aforesaid, at the very outset, it is pertinent to mention that the fact of the parties to the lis residing in Derabassi, in the same house, is evident from the Memorandum of Parties and this fact also, as such, has not been disputed by the counsel for the wife.
4 of 6 ::: Downloaded on - 23-09-2024 04:08:36 ::: Neutral Citation No:=2024:PHHC:124567 5 TA-713-2022 (O&M) AND CRM-M-32872-2022 (O&M) Furthermore, the fact of the child commuting from Derabassi to Chandgarh, to attend the school, is also not disputed and this is continuing since last 7-8 years. Also, it is not disputed that the wife is working in a Multi National Company in Chandigarh and she also commutes daily, in routine from her residence at Derabassi, to her workplace in Chandigarh.
Considering the aforesaid fact sitution, it is pertinent to mention that, even though, it is a settled position of law that weightage ought to be given to the convenience of the wife, in case of the transfer applications filed, vis-a-vis the matrimonial dispute, but however, it is not a thumb rule. Various other circumstances, spelt out from the material brought on record, as now pointed out by the counsel for the husband, also ought to be taken into consideration. When the wife is also staying at Derabassi, in any manner, it cannot be said that it is more convenient for her to pursue the litigation at Chandigarh only, more particularly, when Derabassi Courts are very near to the residence of the applicant, as compared to the Courts at Chandigarh. No reason, as such, is assigned for filing the divorce petition in the Courts at Chandigarh.
Taking into consideration the aforesaid circumstances, when the wife is commuting from Derabassi to Chandigarh in routine and the child also is pursuing his schooling, while studying in Chandigarh and commuting in the school bus, which process is followed for the last 7-8 years, no such circumstance is spelt out, which constraints this Court to transfer the pending lititgation from Derabassi to Chandigarh.
In view of the aforesaid observations, CM-10313-CII-2022 is allowed and the order dated 20.07.2022, passed by this Court in TA-713- 5 of 6 ::: Downloaded on - 23-09-2024 04:08:36 ::: Neutral Citation No:=2024:PHHC:124567 6 TA-713-2022 (O&M) AND CRM-M-32872-2022 (O&M) 2022 is hereby recalled. Consequently, the transfer application is restored at its original number.
Considering the submissions made aforesaid, definitely, continuation of the litigation in Derabassi, as such, is very convenient, not only for the husband, but also for the wife. Taking into consideration the convenience of both the parties, in pursuing the matrimonial litigation, no case is made out for transfer of the cases, as sought by the wife. Hence, the transfer application i.e. TA-713-2022, as well as CRM-M-32872-2022, are bereft of merits and as such, are hereby dismissed.
(ARCHANA PURI)
20.09.2024 JUDGE
Himanshu
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
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