T.A.No. 561 of 2022 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Transfer Application No. 561 of 2022

Date of decision: 23.02.2023

Sangeeta

……….Petitioner

vs

Lalit

………..Respondent

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:-

Proxy counsel for

Mr. Nilesh Bhardwaj, Advocate

for the petitioner.

None for the respondent.

NIDHI GUPTA, J.(Oral)

1.

Prayer in this petition filed by petitioner-wife is for

transfer of the petition filed by respondent-husband under Section

13(1)(ia) of the Hindu Marriage Act,1955 (for short ‘the Act’) titled

“Lalit vs. Sangeeta” pending in the Court of Principal Judge, Family

Court, Gurugram to a Court of competent jurisdiction at Panchkula.

Though on the last date of hearing i.e.22.11.2022, the

respondent was represented by counsel but today nobody has turned

up to represent the respondent. Accordingly, this petition is being

decided in his absence.

2. Learned counsel for the petitioner has contended :-

i)

That the parties were married on 22.11.2015 according to

Hindu rites and rituals.

VIJAY ASIJA

2023.03.01 16:35

I attest to the accuracy and

integrity of this document

T.A.No. 561 of 2022 (O&M)

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ii)

That a male child was born out of this wedlock, who is

around 6 years of age and is in the care and custody of the

petitioner.

iii)

That the petitioner-wife is living separately from the

respondent-husband since June 2021 and living alone in a

rental accommodation in Sector 12-A, Panchkula.

iv) That the petitioner is a contractual employee with

Haryana Sehri Vikas Pradhikaran, Panchkula and living

on rental accommodation alone alongwith her minor child

and the respondent-husband, who is working as L/Nk

(Clerk) in Indian Army, is not paying anything to her

towards maintenance.

v)

The respondent-husband has filed the petition under

Section 13(1)(ia) of the Hindu Marriage Act, which is

pending before the Principal Judge, Family Court,

Gurugram.

vi)

The proceedings arising out of petition under Section 125

Cr.P.C.; filed by the petitioner-wife, are pending in the

Courts having competent jurisdiction at Panchkula.

vii) That the distance between place of residence of the

petitioner-wife

i.e.

Panchkula

and

the

place

of

proceedings under Section 13(1)(ia) of the Hindu

Marriage Act, 1955 filed by the respondent-husband,

pending before the Principal Judge, Family Court,

Gurugram, is about 270 kilometers of one side.

viii) That there is no proficient male member accompanying

the petitioner to the Court of proceedings at Gurugram as

she is living alone alongwith her minor child only, who is

going to BLM Vishvas School, Sector 9, Panchkula.

3.

It is inter alia on these grounds that petitioner prays for

transfer of the case, as detailed in para 1 above.

4.

I have heard learned counsel for the petitioner.

VIJAY ASIJA

2023.03.01 16:35

I attest to the accuracy and

integrity of this document

T.A.No. 561 of 2022 (O&M)

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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 ou