The convenience of the female litigants and the factors to be considered in matrimonial disputes, as established in relevant judgments, are crucial in deciding the transfer of legal proceedings.

JUDGMENT / ORDER

Nidhi Gupta, J. (Oral) - Prayer in this petition filed by petitioner wife is for transfer of petition bearing No.HMA/20/2020 filed by respondent-husband under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, titled 'Ram Avtar vs. Renu' pending in the Court of Principal Judge, Family Court, Jhajjar, to a court of competent jurisdiction at Charkhi Dadri.

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

i) that the parties were married on 04.12.2016 according to Hindu rites and rituals.

ii) that a daughter was born out of the wedlock.

iii) that the petitioner along with minor child is living at Charkhi Dadri.

iv) that distance between place of residence and place of proceedings is about 90 kms. (one side)

v) that the petitioner has also filed petition under Section 125 Cr.P.C. at Charkhi Dadri; Domestic Violence Complaint at Charkhi Dadri and FIR No.15/2021 under Sections 323, 498-A, 506 IPC at Women Police Station, Charkhi Dadri.

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, considering the fact that issuance of notice to the respondent has the consequences of staying further proceedings before the trial Court, otherwise the petitioner-wife will have to bear the litigation expenses and transportation expen