.
Arvind Singh Sangwan, J
Prayer in this petition is for transfer of the petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955, titled as Rajesh
Kumar vs. Laxmi, pending before the District & Sessions Judge, Kapurthala to the competent Court of jurisdiction at Amritsar.
Learned counsel for the petitioner has argued that on account of a matrimonial discord, the petitioner has filed a petition under Section 125 Cr.P.C. as
well as a complaint under the Protection of Women from Domestic Violence Act, 2005 at Amritsar, which are pending. It is further submitted that as
a counter-blast to the said cases, the respondent-husband has filed the present petition under Section 13 of the Hindu Marriage Act at Kapurthala in
order to harass the petitioner. It is further submitted that the petitioner is facing great difficulty in prosecuting the said case, as there is a distance of
about 80 kms between the aforesaid two places.
Learned counsel for the petitioner further submits that the petitioner is having a minor child, who is living in her care and custody, therefore, it is very
difficult for her to defend the said case at Kapurthala.
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 for the respondent-husband has opposed the prayer of the petitioner-wife.
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 if the aforesaid petition is not transferred, the petitioner-wife will have to bear the
litigation expenses and transportation expenses and also in view of the ratio of law laid down by Hon'ble Supreme Court 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 petition filed under Section 13 of the Hindu Marriage Act, pending before the District & Sessions Judge, Kapurthala will be transferred to the
competent Court of jurisdiction at Amritsar.
(ii) The District Judge, Amritsar will assign the said petition to the competent Court of jurisdiction.
(iii) The District & Sessions Judge, Kapurthala is directed to transfer all the record pertaining to the aforesaid case to District Judge, Amritsar.
(iv) The parties are directed to appear before the trial Court at Amritsar within a period of 01 month from today.