The convenience and economic conditions of the parties, especially the wife, are crucial factors in transfer applications, and the court should consider the established legal principles emphasizing the convenience of the female litigants.

JUDGMENT / ORDER

Nidhi Gupta, J. (Oral) - Prayer in this petition filed by petitioner wife is for transfer of the petition bearing No.DMC/211/2022 filed by respondent-husband under Section 9 of the Hindu Marriage Act, 1955, titled 'Anil Kumar vs. Suman' pending in the Court of Addl. District Judge, Charkhi Dadri to a court of competent jurisdiction at Sirsa.

2. Learned counsel for the petitioner, inter alia, submits that:

i) that the parties were married on 11.03.2007 according to Hindu rites and rituals.

ii) that one son was born out of the wedlock on 07.02.2016.

iii) that the petitioner along with her minor son is living with her aged parents at Sirsa.

iv) that the following cases are also pending between the parties at Sirsa:-

a) complaint under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005.

b) Section 125 Cr.P.C.

c) FIR No.108 of 2020 registered under Sections 323/324/34/352/506 IPC at Police Station Civil Line, Sirsa.

d) Petition filed by respondent under the Guardian and Wards Act, for custody of minor son.

v) that the petitioner has no source of income.

vi) that distance between place of residence and place of proceedings is 180 kms. (one side).

3. I have heard learned counsel for the petitioner.

4. The legal position in such like cases as the present one, is well established. In this regard, judgment of the Hon'ble Supreme Court rendered in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,' 2022 Live Law (SC) 627, is most relevant wherein the Hon'ble Supreme Court has held as under:-

'9. 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.

10. 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."

5. Further reliance can be placed upon the judgments in 'Sumita Singh vs Kumar Sanjay', 2002 SC 396 and 'Rajani Kishor Pardeshivs Kishor Babulal Pardeshi', 2005(12) SCC 237, wherein the Hon'ble Supreme Court has 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.'

6. Even this Court in number of cases has followed the aforesaid principle of law. Accordingly, 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 the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important the 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.

7. After going through the entire paperbook, consi