Arvind Singh Sangwan, J
Prayer in this petition is for transfer of the petition filed by the respondent-husband under Section 13(1)(ia)(ib) of the Hindu Marriage Act, pending
before the Family Court, Derabassi, District SAS Nagar (Mohali) to the competent Court of jurisdiction at Amritsar.
Learned counsel for the petitioner has argued that on account of matrimonial discord, the petitioner has filed a petition under Section 125 Cr.P.C. at
Amritsar. 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
about 240 kms from Amritsar to Derabassi.
Learned counsel has further contended that the petitioner is having two minor daughters, who are living in her care and custody and she is facing
difficulty to defend the case, as she has to travel from Amritsar to Derabassi.
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.â€
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.â€
Learned counsel for the respondent has, however, opposed the prayer for transfer of petition filed by the respondent-husband.
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 parties, 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(1)(ia)(ib) of the Hindu Marriage Act, pending before the Family Court, Derabassi, District SAS Nagar (Mohali)
will be transferred to the competent Court of jurisdiction at Amritsar.
2. The District Judge, Amritsar will assign the said petition to the competent Court of jurisdiction.
3. The Family Court, Derabassi, District SAS Nagar (Mohali) is directed to transfer all the record pertaining to the aforesaid case to District Judge,
Amritsar.
4. The parties are directed to appear before the Family Court, Amritsar within a period of 01 month from today.
5. The Family Court, Amritsar 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 calender month.
Present petition is disposed of accordingly.
