Neutral Citation No.: 2023:PHHC: 155219

TA-1025-2023

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229

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

TA-1025-2023

Decided on: 05.12.2023

Vandna Rani

...Applicant/Petitioner

Versus

Bhawnish Kumar

...Respondent

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Gursewak Singh, Advocate

for the Applicant/petitioner.

****

SANJAY VASHISTH, J. (Oral)

1.

Present transfer application, under Section 24 CPC, has been

filed by the petitioner - wife, for seeking transfer of the petition filed by the

respondent – husband under Section 13 of the Hindu Marriage Act, 1955,

bearing No. HMA/6/2022, titled as “Bhawnish Kumar vs. Vandna Rani”,

presently pending in the Court of Principal Judge, Family Court, Samana,

District Patiala to the Court of competent jurisdiction at Guhla, District

Kaithal.

2.

The present transfer petition has been filed, inter alia, on the

following grounds:-

i)

Petitioner-wife and respondent-husband got married on

26.08.2016, at Cheeka, Tehsil Guhla, District Kaithal, according

to the Hindu rites and ceremonies.

ii)

Out of the said wedlock, one male child namely Satvik now

aged 5 years was born and is residing with the applicant-

petitioner and studying in Junior K.G. at Guhla.

iii)

Petitioner-wife has no independent source of income and she is

JAWALA RAM

2023.12.07 12:08

I attest to the accuracy and

integrity of this document

Neutral Citation No.: 2023:PHHC: 155219

TA-1025-2023

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dependant upon/residing with her parents at Cheeka.

iv)

Present place of residence of the applicant/petitioner to Samana,

is at a distance of about 30 kilometres, thus, causing extreme

hardships to the petitioner-wife as well as minor child.

v)

Since the petitioner-wife is residing with her parents which

lacks convenient transportation options, thus, she is compelled

to rely on public transit, resulting in significant hardships.

vi)

Petitioner-wife has also instituted a complaint bearing

No.COMA No.4 of 2022 under Section 12 read with Sections

17, 18, 19 and 20 of the Protection of Women from Domestic

Violece Act, 2005, which is pending before learned Sub

Divisional Judicial Magistrate at Guhla. She has also filed one

petition bearing No.MNT 125 No.23 of 2022 under Section 125

Cr.P.C., for grant of maintenance before learned Principal

Judge, Family Court at Guhla.

3.

Mr. Dhiraj Jindal, Advocate, puts in appearance on behalf of

respondent, and files his memo of appearance, which is taken on record,

subject to all just exceptions. Office to tag the same at appropriate place in

case file.

Counsel for the respondent states that in fact, from the residence

where the applicant is residing i.e. Cheeka, Courts at Samana are at the

distance of 16 kilometres. Thus, request for transfer of the divorce petition

made by counsel for the applicant/petitioner from the Courts at Samana to

the Courts at Cheeka is not genuine one.

4.

I have heard learned counsel for the parties and gone through

JAWALA RAM

2023.12.07 12:08

I attest to the accuracy and

integrity of this document

Neutral Citation No.: 2023:PHHC: 155219

TA-1025-2023

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the material available on record.

5.

In the facts and circumstances similar to the present case, in

paragraph Nos. 9 & 10 of the judgment rendered in the case of N.C.V.

Aishwarya v. A.S. Saravana Karthik Sha, AIR 2022 SC 4318, Hon’ble the

Apex 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 unde