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2025 Supreme(Online)(P&H) 4520
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Shalini Singh Nagpal, J
Sukhchain Singh – Appellant
Versus
Harpreet Kaur – Respondent
TA-227-2024 | CRM-M-9192-2024
For the Appellants/Petitioners: Mr. Sunny K. Singla
For the Respondents: Mr. Anil Kumar Garg
Transfer applications granted based on petitioner's handicap and child's custody; court favors convenience in matrimonial disputes.
Headnote:(A) Criminal Procedure Code, 1973 - Section 482 and 407 - Transfer Applications - Petitioner seeks transfer of maintenance and civil suit from Malerkotla to Amloh based on physical disability and custody of child - The court considers the hardship of the husband and the existing proceedings at Amloh - Transfers allowed. (Paras 9, 10)
(B) Transfer Jurisdiction - The welfare of the child and convenience based on the petitioner's handicap were primary considerations in the court's decision. (Paras 7, 9)
| Table of Content |
|---|
| 1. multiple litigations between parties. (Para 2 , 4) |
| 2. arguments regarding convenience and hardship. (Para 5 , 6) |
| 3. court’s considerations for transfer. (Para 7 , 9) |
| 4. final ruling on allowed transfers. (Para 10) |
Shalini Singh Nagpal, J.
CRM-12963-2024 in CRM-M-9192-2024
1. Application under Section 482 Cr.P.C. has been moved for placing on record Annexure R-1 and R-2 and for exemption from filing certified copy of the same.
2. Heard.
3. The application is allowed.
4. Exemption from filing the certified copy of Annexure R-1 and R-2 is allowed and the documents are taken on record, subject to just exceptions.
CRM-M-9192-2024 (O&M) and TA-227-2024
1. This common order shall determine two petitions, one under Section 407 Cr.P.C. read with Section 482 Cr.P.C. for transfer of case MNT 125/330/2021 titled ‘Harpreet Kaur Vs. Sukhchain Singh’ and another under Section 24 CPC for transfer of civil suit bearing No. CS/393/2021 titled ‘Harpreet Kaur Vs. Sukhchain Singh’ to the Court of competent jurisdiction at Amloh.
2. The parties, husband and wife are embroiled in multiple litigation, detailed as under:
Sr. No.
Particulars of the case
Type of case
Case pending at
1
MNT 125/330/2021 ‘Harpreet Kaur Vs. Sukhchain Singh’
Application U/s 125 Cr.P.C. for fixation of maintenance
Malerkotla
2
CS/393/2021 ‘Harpreet Kaur Vs. Sukhchain Singh’
Application under Order 33 Rule 1 and 2 CPC .
Malerkotla
3
Petition under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 for dissolution of marriage
Amloh, District Fatehgarh Sahib
4
Application under Section s 12 , 19, 20(d), 21, 22, 23 of the Protection of Women from Domestic Violence Act, 2005 .
Amloh, District Fatehgarh Sahib
3. The husband has filed the petition under Section 407 Cr.P.C.
read with Section 482 Cr.P.C., seeking transfer of the maintenance case (Sr. No.1) from the Family Court at Malerkotla to Amloh, District Fatehgarh Sahib. Another petition under Section 24 CPC has been filed for transfer of civil suit (Sr. No. 2), pending in Family Court, Malerkotla to the Court of competent jurisdiction at Amloh, District Fatehgarh Sahib.
4. It is undisputed that the parties were married on 04.06.2008 and out of the wedlock, a male child, namely, Karan Sher was born on
02.01.2013. The grounds on which transfer of the case under Section 125 Cr.P.C. and the civil suit, both pending at Malerkotla is sought are:
i) That petitioner is 75% handicapped.
ii) That the only child of the parties is under his care and custody.
iii) That the divorce petition under Section 13 (1)(i-a) of Hindu Marriage Act, 1955 and application under Section s 12 , 19, 20(d), 21, 22, 23 of the Protection of Women from Domestic Violence Act, 2005 are also pending at Amloh, District Fatehgarh Sahib.
5. Learned counsel for the petitioner has argued that on account of the physical handicap faced by the petitioner who was looking after minor child of the parties, it was very difficult for him to travel to Malerkotla to contest the cases. Therefore, both cases ought to be transferred from Malerkotla to Amloh, District Fatehgarh Sahib.
6. The prayer is resisted by learned counsel for the respondent- wife, who contends that the petition under Section 13 of the Hindu Marriage Act, 1955 pending at Amloh, District Fatehgarh Sahib had since been dismissed and the wife was also ready to withdraw the application under Section s 12 , 18, 19, 20(d), 21, 22 and 23 of Protection of Women from Domestic Violence Act, 2005 , subject to the condition that both petitions for transfer are dismissed. It has been argued that transfer of the two maintenance cases from Malerkotla to Amloh, District Fatehgarh Sahib would cause great inconvenience to the wife who would be required to travel on each and every date of hearing to prosecute the cases.
7. Exercise of jurisdiction under Section 24 CPC , 1908 and Section 407 Cr.P.C. depends on facts and circumstances of each case. The consistent view of the Courts is that, normally, convenienc
