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2023 Supreme(P&H) 576

NIDHI GUPTA
Rupinder Singh – Appellant
Versus
Kiran – Respondent


Advocates appeared:
Mr. Nitin Sachdeva, Advocate, for the Appellant; Mr. ManujNagrath, Advocate, for the Respondent

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  • The court allowed the transfer of a civil suit filed by the respondent wife to a court of competent jurisdiction at Ludhiana due to the exceptional health condition of the petitioner, who suffers from brain cancer and is undergoing treatment that restricts long-distance travel (!) (!) .

  • The petitioner’s health issues, including multiple seizures and ongoing treatment, were significant factors influencing the court's decision. The petitioner’s medical condition was not denied by the respondent, which supported the transfer request (!) .

  • The court considered the apprehension of danger from the petitioner’s family at Ludhiana, but ultimately prioritized the petitioner’s health and well-being, leading to the transfer of the case (!) .

  • The transfer was granted with specific conditions, including the transfer of the complete case record to Ludhiana, the parties’ appearance before the Ludhiana District & Sessions Judge on a specified date, and the assignment of the case to a competent court in Ludhiana (!) (!) (!) .

  • The court emphasized the importance of exploring amicable settlement options through mediation and scheduled the case for a single hearing date within one calendar month, ensuring a prompt and efficient process (!) (!) .

  • The decision was made considering the exceptional circumstances of the petitioner’s health and the refusal of relief to the wife in similar cases, reflecting a balanced approach that considers both parties' circumstances (!) .

  • The court’s ruling aligns with the general legal principles favoring transfer of cases in cases of severe health issues, ensuring the petitioner’s ability to participate in proceedings without undue hardship (!) .

  • The case involved multiple pending proceedings between the parties at the original location, but the court prioritized the transfer for the petitioner’s health and safety (!) (!) (!) .

  • The court directed the parties to cooperate with the transfer process and to attend the scheduled hearing at Ludhiana, facilitating the smooth transition of the case (!) .

These points summarize the court’s reasoning and the procedural directions issued in this case, emphasizing the importance of health considerations and procedural efficiency.


Judgment

Nidhi Gupta, J. (Oral) - Prayer in this transfer petition filed by petitioner husband is for transfer of the Civil Suit No.973 of 2019 titled as 'Kiran vs. Rupinder Singh &anr.', filed by respondent No.1-wife pending in the Court of Civil Judge, Junior Division, Gurdaspurto a court of competent jurisdiction atLudhiana.The said Suit is 'for Mandatory Injunction directing the defendants to return the articles of the plaintiff as mentioned and detailed in the Annexure 'A' attached'.

2. Learned counsel for the petitionersubmits that the petitioner is suffering from brain cancer, and it is impossible for him to travel. Ld. Counsel refers to Annexures P2 to P5, which is medical and treatment record of the petitioner, who is diagnosed as a case of OigodandrogliomaGrade-II, and submits thatthe petitioner has had multiple episodes of seizures and after surgery, the petitioner is undergoing follow-up treatment in form of radiotherapy et cetera. It is submitted that the petitioner has been advised not to take the stress of work or travel. It is submitted that accordingly, the petitioner cannot undertake the long-distance travel entailed in the present case, as distance between Gurdaspu

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