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2019 Supreme(P&H) 2046
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
H.S. Madaan, J.
Meenakashi - Appellant
Versus
Ajay - Respondent
T.A. No. 853 of 2018
Decided On : 18-03-2019
Mr. Robin Lohan, Advocate for the Appellant.; Mr. Aminder Singh, Advocate for the Respondent.
In matrimonial disputes, the convenience of the wife is a crucial factor to be considered in transfer applications.
Headnote:
Transfer of Petition - Matrimonial Dispute - The court allowed the transfer of the divorce petition to a place where the wife was residing, considering the convenience of the wife and various factors such as distance, pending cases, and economic soundness.
Fact of the Case:
The applicant sought transfer of the divorce petition filed by her husband to the Court of District Judge, Hisar, citing matrimonial discord, cruelty, and the difficulty of traveling from her parental place to the current court location.
Finding of the Court:
The court found merit in the applicant's request, considering the convenience of the wife, previous judgments, and the absence of strong circumstances to the contrary. The court allowed the transfer of the petition to the Family Court at Hisar.
Issues: Transfer of divorce petition due to matrimonial discord and convenience of the wife.
Ratio Decidendi: The convenience of the wife should be considered in matrimonial disputes, taking into account factors such as distance, pending cases, economic soundness, and social strata of the spouses.
Final Decision: The court allowed the transfer of the divorce petition to the Family Court at Hisar for disposal in accordance with the law.
JUDGMENT
1. Applicant Meenakashi, aged about 23 years, wife of Ajay-respondent, presently residing with her parents at Village Hajampur, Tehsil Hansi, District Hisar on account of matrimonial discord between the spouses by way of filing the instant application seeks transfer of petition under Section 13 of the Hindu Marriage Act filed by her husband Ajay against her having title 'Ajay Vs. Meenakashi pending in the Court of District Judge, Sangrur to the Court of District Judge, Hisar.
2. According to the applicant, the marriage was performed between the parties on 25.11.2013. Thereafter the spouses started residing together. The applicant gave birth to a male child from the loins of respondent namely Master Rashik. The respondent and his family members treated the applicant with cruelty with the result she had to leave the matrimonial home along with the minor child and start residing with her parents at Village Hajampur, Tehsil Hansi, District Hisar. She has filed petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 besides lodging F.I.R. under Section 498A IPC against the respondent. Both the cases are pending before JMIC Hansi. The respondent has filed divorce petition against the applicant as a pressure tactic. She being a young woman, taking care of minor son of the parties, having no source of income, it is difficult for her to travel from her parental place to Sangrur, covering a distance of 150 kms on one side, therefore, the application be accepted.
3. Notice of the application was given to the respondent, who has put in appearance through his counsel and is resisting the application praying for its dismissal.
4. I have heard learned counsel for the parties besides going through the record.
5. The Apex Court in various judgments has observed that in matrimonial disputes between the spouses convenience of wife should be looked into. In that regard a reference can be made to authority Sumita Singh Versus Kumar Sanjay and another, 2002 AIR(SC) 396 by a Division Bench of Hon'ble Supreme Court.
6. In Bhartiben Ravibhai Rav Versus Ravibhai Govindbhai Rav, 2017(3) RCR (Civil) 369. the Apex Court had allowed application for transfer of the divorce petition to a place where the wife was residing considering various factors including the distance between the place where the wife was residing and the place of sitting of the Court where divorce petition had been instituted and the fact that the wife had filed two cases against her husband in the Court at the place of her residence wherein the respondent had already put in appearance.
7. In Apurva Versus Navtej Singh, 2017(2) Law Herald 966 by a Co-ordinate Bench of this Court, it was observed that wherever the Courts are called upon to consider the plea of transfer in matrimonial disputes, the Courts have to take into consideration various factors like economic soundness of either of the parties, the social strata of the spouses to which they belong and behavioral pattern, standard of life antecedents of marriage. Generally it is the wife's convenience, which must be looked at by the Courts while deciding the transfer application.
8. Keeping in view the contentions in the application and submissions made by learned counsel for the applicant, in which I find merit, in absence of any strong circumstance to the contrary, it would be proper and appropriate if the application is accepted. The same is accordingly allowed. The petition in question is ordered to be withdrawn from the Court of District Judge, Sangrur and transferred to Family Court at Hisar for disposal in accordance with law.
9. The parties through their counsel are directed to appear in the transferee Court on 29.4.2019. Copies of orders be sent to the Court of District Judge, Sangrur as well as to the Family Court at Hisar for information and necessary compliance.
10. As regards apprehension expressed by learned counsel for the respondent that the respondent and the persons accompanying him
