Punjab-Haryana High Court
Sonia Sharma vs Rajesh Bakshi on 20 July, 2022
Author: Arvind Singh Sangwan
Bench: Arvind Singh Sangwan
TA-713-2022 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
TA-713-2022 (O&M)
Date of decision: 20.07.2022
Sonia Sharma ...Petitioner
Versus
Rajesh Bakshi ...Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present:- Mr. Mohit Vashisht, Advocate
for the petitioner.
ARVIND SINGH SANGWAN, 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, 1955, titled as Rajesh Bakshi vs. Sonia Sharma as well as Civil Suit filed by the respondent titled as Rajesh Bakshi vs. Sonia Sharma, pending before the Family Court, Dera Bassi to the competent Court of jurisdiction at Chandigarh.
Learned counsel for the petitioner has argued that on account of a matrimonial discord, the petitioner has filed a petition under Section 13 of the Hindu Marriage Act at Chandigarh. It is further submitted that the respondent-husband has filed aforesaid cases at Dera Bassi in order to harass the petitioner. It is further submitted that the petitioner is facing great difficulty in prosecuting the said case as she has a son, aged about 13 years, who is residing with her and doing his schooling at Chandigarh.
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 1 of 3 ::: Downloaded on - 22-07-2022 03:52:41 ::: TA-713-2022 (O&M) -2- 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."
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 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 in case notice of motion is issued, even the respondent/husband has to bear the litigation expenses and in also in view of the judgments rendereed in Sumita Singh's case (supra) and Rajani Kishor Pardeshi's case (supra), this Court deems it appropriate to allow the present petition, with the following directions:-
(i) The aforesaid two cases, Civil Suit and petition filed under Section 9 of the Hindu Marriage Act, pending before the Family Court at Dera Bassi
2 of 3 ::: Downloaded on - 22-07-2022 03:52:41 ::: TA-713-2022 (O&M) -3- will be transferred to the competent Court of jurisdiction at Chandigarh.
(ii) The District Judge, Chandigarh will assign the
said petition to the competent Court of
jurisdiction.
(iii) The Family Court at Dera Bassi is directed to transfer all the record pertaining to the aforesaid case to District Judge, Chandigarh.
(iv) The parties are directed to appear before the trial Court at Chandigarh within a period of 01 month from today.
However, liberty is granted to the respondent-husband to revive this petition, if he intends to contest the same, provided that:-
(i) The respondent will clear all the arrears of maintenance amount, if any, in terms of the petition filed by the petitioner either under Section 125 C r.P.C. or Section 12 of the Domestic Violence Act or Section 24 of the Hindu Marriage Act.
(ii) The respondent will file an affidavit giving undertaking to pay Rs.1,000/- per day, to the petitioner for attending the Court proceedings at Dera Bassi, on each and every date of hearing.
(iii) The respondent will bring a demand draft of Rs.25,000/- towards the litigation expenses of the petitioner to pursue the case at Dera Bassi, in case the respondent opts to contest this petition.
20.07.2022 (ARVIND SINGH SANGWAN) Waseem Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No 3 of 3 ::: Downloaded on - 22-07-2022 03:52:41 :::