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SUMEET GOEL
Mandeep Kaur – Appellant
Versus
Harpreet Singh – Respondent
JUDGMENT :
Mr. Sumeet Goel, J.
The case in hand is a transfer petition preferred by the petitioner-wife under Section 407 of Cr.P.C. read with Section 482 of Cr.P.C., 1973 seeking transfer of the maintenance petition, filed by her, under Section 125 of Cr.P.C., 1973 from the Family Court, SAS Nagar, Mohali to a competent Family Court at Barnala, Punjab.
2. Learned counsel for the petitioner has argued that the petitioner- wife had been turned out of the matrimonial home and thereafter she started residing at Barnala in the first instance. Thereafter, on account of compelling circumstances, the petitioner had to move to Mohali, Punjab to reside with her brother. The petitioner had, at that time, instituted the maintenance petition at Family Court, Mohali in the year 2020. Thereafter, due to supervening circumstances, she has to move back to her parental home in District Barnala (Punjab). It is on this account primarily that the transfer of the maintenance petition from Mohali (Punjab) to Barnala (Punjab) is sought for. Learned counsel has iterated that it is extremely difficult and inconvenient for the petitioner to pursue her case further at Mohali since she is living at Barnala. It h
The convenience of a wife in matrimonial disputes is significant but not absolute; cogent reasons must be shown for transferring proceedings initiated by her.
Transfer of trial proceedings must be based on substantial evidence of potential prejudice to a fair trial, considering the convenience of all parties involved, not just the complainant.
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