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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Nidhi Gupta, J.
Rupinder Singh – Appellant
Versus
Kiran & Anr. – Respondents
TA No. 326 of 2020(O&M)
Decided On : 31-01-2023
Transfer Petition - Health Condition of Petitioner - The court allowed the transfer petition due to the exceptional circumstances of the petitioner's health condition, subject to certain conditions.
Fact of the Case:
The petitioner, suffering from brain cancer, filed a transfer petition seeking to transfer a civil suit filed by the respondent-wife to a court of competent jurisdiction due to his inability to travel long distances for the court proceedings.
Finding of the Court:
The court found that the health condition of the petitioner, which was not denied by the respondent-wife, warranted the transfer of the civil suit to a court of competent jurisdiction.
Issues: The main issue was the transfer of the civil suit due to the petitioner's health condition and the apprehension of danger at the hands of the respondent and his family members.
Ratio Decidendi: The court considered the exceptional circumstances of the petitioner's health condition and the refusal of relief to the wife in similar cases, leading to the decision to allow the transfer petition.
Final Decision: The court allowed the transfer petition, subject to certain conditions, including the transfer of the case to a court of competent jurisdiction and the direction for mediation and accommodation of the parties with one date in one calendar month.
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 Gurdaspur to Ludhiana is 165 kms. (one side).
3. Learned counsel for respondent No.1 submits that father of the petitioner is practicing advocate in Ludhiana and therefore, the petitioner is apprehending danger at the hands of the petitioner and his family members at Ludhiana. Further submitted that a compromise has already been effected between the parties on 21.06.2019, and the petitioner has filed the present petition only to embroil the respondent in further litigations.It is also stated that the following cases are also pending between the parties at Gurdaspur:-
a. Petition under Section 13 of Hindu Marriage Act,
b. Civil Suit 34 of 2020 titled as 'Kiran vs Rupinder Singh and another'
c. Complaint no. 6790/10/2019 pending before WomenCell, Gurdaspur was disposed off in terms of compromise.
d. Case pending before Hon'ble Punjab State Human Rights Commission Chandigarh dated 30.09.2019 duly contested by both parties (Annexure R-4).
4. I have heard learned counsel for the parties, and gone through the record with their able assistance.
5. In my view, in the above-noticed facts and circumstances of the present case, where the health condition of the petitioner has not been denied by the respondent-wife, it is most just and proper that the present transfer petition be allowed. No doubt, the preponderance of law in suchlike cases is in favour of the wife. However, it is not the case that transfer is always allowed in favour of the wife. The Hon'ble Supreme Court, as well as this Court have refused relief to the wife. One such case which may be referred to is: (2006) 9 SCC 197 Anindita Das Vs. Srijit Das' wherein Hon'ble Supreme Court had dismissed the wife's application seeking transfer of petition filed by the husband. Reference in this regard may also be made to two cases of this Court where, this Court had dismissed transfer applications filed on behalf of the wife. These are: TA no. 126 of 2018 Smt. Akhwinder Kaur Vs. Sh. Gurpreet Singh; and TA No. 299 of 2019 Nisha alias Manisha vs. Amarveer Yadav.
6. Thus, in the exceptional circumstances of the present case, this Court deems it appropriate to allow the present petition, subject to the following conditions:-
a) Civil Suit No.973 of 2019 filed by respondent No.1-wife pending in the Court of Civil Judge, Junior Division, Gurdaspur is transferred to a court of competent jurisdiction at Ludhiana.
b) The ld. District Judge, Gurdaspuris directed to transfer complete record pertaining to the aforesaid case to District Judge, Ludhiana.
c) The parties, through their counsel, are directed to appear before the District & Sessions Judge, Ludhianaon 24.02.2023.
d) The District Judge, Ludhianawill assign the said petition to the Court of competent jurisdiction.
7. The concerned Court at Ludhiana will make all endeavour to refer t
The exceptional circumstances of the petitioner's health condition and the refusal of relief to the wife in similar cases influenced the court's decision to allow the transfer petition.
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