TA-817-2021

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

TA-817-2021 (O&M)

Date of decision: 31.08.2022

Payal

....Petitioner

Vs.

Shubham Kashyap

....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. U.S. Rana, Advocate

for the petitioner.

Mr. Sant Kashyap, Advocate

for the respondent.

*******

ARVIND SINGH SANGWAN, J. (Oral)

CM-10726-CII-2022

For the reasons stated in the application, same is allowed and

date of hearing is preponed from 29.09.2022 to today.

CM stands disposed of.

TA-817-2021

Prayer in this petition is for transfer of the petition filed by the

respondent-husband under Section 13(1)(i)(ia) of the Hindu Marriage Act,

pending in the Court of Family Court, Yamuna Nagar at Jagadhri to the

competent Court of jurisdiction at Karnal.

VISHNU

2022.08.31 12:51

I attest to the accuracy and integrity of this

document

Punjab and Haryana High Court,

Chandigarh

TA-817-2021

-2-

Learned counsel for the petitioner has argued that on account

of matrimonial discord, the petitioner has filed a petition under Section 125

Cr.P.C. and a complaint before the Superintendent of Police, Karnal. It is

further submitted that the petitioner is facing great difficulty in prosecuting

the petition filed by the respondent, as there is a distance of about 65 kms

between Karnal and Jagadhri.

Learned counsel has relied upon the judgments Sumita Singh

Vs. Kumar Sanjay, 2002 SC 396 and Rajani Kishor Pardeshi Vs. Kishor

Babulal Pardeshi, 2005(12) SCC 237, wherein the Hon’ble Supreme Court

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.”

Learned counsel has further relied upon N.C.V. Aishwarya Vs.

A.S. Saravana Karthik Sha, 2022 Live Law (SC) 627, wherein the

Hon’ble Supreme Court held as under: -

“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

VISHNU

2022.08.31 12:51

I attest to the accuracy and integrity of this

document

Punjab and Haryana High Court,

Chandigarh

TA-817-2021

-3-

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.

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.”

Learned counsel for the respondent has no objection in case the

petition filed by the respondent is transferred from Family Court, Yamuna

Nagar at Jagadhri to the competent Court of jurisdiction at Karnal, where

other litigations between the parties are already pending, however, it is

submitted that the Family Court, Yamuna Nagar at Jagadhri be directed to

decide the application with regard to preservation of call record. It is further

submitted that since in the order dated 31.01.2022, the Family Court,

Yamuna Nagar at Jagadhri observed that the proceedings bef