2023 Supreme(P&H) 3135
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA, J.
Jagdeep Kaur @ Jasdeep Kaur – Petitioner
Versus
Arshdeep Singh – Respondent
TA NO.29 of 2023
Decided On : 11-01-2023
Advocates Appeared:
Mr. D.P.S. Bajwa, Advocate; For the Petitioner
Headnote:(A) Hindu Marriage Act, 1955 - Section 13 - Transfer of petition for divorce - Petition filed by the wife for transferring her husband's petition from Fatehgarh Sahib to Narwana, considering her financial and health conditions, and the need for her family support - In matrimonial disputes, the convenience of the wife is prioritized - Supreme Court emphasized that the economic circumstances and convenience of female litigants must inform transfer decisions to prevent undue hardship. (Paras 5-8)
(B) Transfer of matrimonial proceedings - The court exercises transfer powers under Section 24 of the CPC to ensure justice is served based on the needs of the parties, particularly the wife, while considering all contextual factors. (Paras 9-11)
Facts of the case:
Dispute arises from a petition filed by the husband under Section 13 of the Hindu Marriage Act for divorce, with the petitioner residing in Australia along with her daughter from a previous marriage. The petitioner’s father cannot attend court due to health issues, prompting the request for transfer. (Paras 2-3)
Findings of Court:
The court allows the transfer to ensure the convenience of the petitioner, directs documentation transfer to the proper jurisdiction, and stipulates conditions for the husband if he intends to contest. (Paras 8, 12)
Issues: The primary issues are the convenience and economic hardship of the wife, and whether the transfer of the divorce petition is justified based on these considerations. (Paras 5-7)
Ratio Decidendi: The court held that the transfer of proceedings must prioritize the wife's convenience and circumstances, following established judicial principles to prevent undue hardship and ensure justice. (Paras 6-10)
Result: Petition for transfer allowed.
| Table of Content |
|---|
| 1. petitioner's request for transfer due to distance and health. (Para 1 , 2 , 3) |
| 2. court's consideration of convenience and socioeconomic factors in transfer. (Para 4 , 5 , 6 , 7) |
| 3. conditions for allowing transfer of the matrimonial case. (Para 8 , 9 , 10) |
| 4. procedural orders and ensuring appearance of parties. (Para 11 , 12 , 13) |
JUDGMENT
Nidhi Gupta, J. (Oral)
Present petition is filed by the petitioner through her father/Power of Attorney Holder.
2. Prayer in this petition filed by petitioner wife is for transfer of petition filed by respondent-husband under section 13 of HINDU MARRIAGE ACT , titled " Arshdeep Singh v. Jagdeep Kaur @ Jasdeep Kaur " pending in the Court of learned Additional District and Session Judge, Fatehgarh Sahib, to a court of competent jurisdiction at Narwana, Jind.
3. Learned counsel for the petitioner, inter alia, submits that:
i) that the parties were married on 19.11.2021 according to Sikh rites and rituals.
ii) that this is the second marriage of the petitioner; she has a daughter from previous marriage and no child was born out of the present wedlock between the petitioner and the respondent.
iii) that the petitioner along with minor daughter from previous marriage is presently living at Australia.
iv) that present litigation is being pursued by father of the petitioner who is living at Narwana, Jind.
v) that the father of the petitioner is an old aged person and suffering from heart disease and is undergoing treatment for the same. The mother and brother of the petitioner are also residing in Australia, and as such nobody can accompany the petitioner's father to appear before the learned Court at Fatehgarh Sahib.
vi) that distance between place of residence and place of proceedings is about 130 kms. (one side)
vii) that the petitioner has also filed complaint under Sections 406, 468-A and other relevant Sections of IPC which is pending before the Superintendent of Police, Jind.
4. I have heard learned counsel for the petitioner.
5. The present petition emanates from matrimonial discord between the parties. 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 v. 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."
6. Further reliance can be placed upon the judgments in " Sumita Singh v. Kumar Sanjay " , AIR 2002 SC 396 and " Rajani Kishor Pardeshi v. 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 ordinari
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