TA-1250-2023 (O&M)

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Neutral Citation No. 2023:PHHC:126461

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

138

TA-1250-2023 (O&M)

Date of decision: 26.09.2023

Sunita Kumari

...Petitioner

Versus

Balbir Bahadur

...Respondent

CORAM:

HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-

None.

ARVIND SINGH SANGWAN, J.

(Oral)

The lawyers have decided to abstain from work today.

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

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

pending before the Family Court, Hoshiarpur to the competent Court of

jurisdiction at Jalandhar.

It is stated that a minor daughter is residing in the care and

custody of the petitioner and she, on account of a matrimonial discord, has

filed a petition under Section 125 Cr.P.C. as well as a complaint under

Section 12 of the DV Act at Jalandhar, which are pending. It is further

stated that the respondent-husband has filed the present petition under

Section 13 of the Hindu Marriage Act at Hoshiarpur in order to harass the

petitioner. It is further submitted that the petitioner is facing great difficulty

in prosecuting the said case, as there is a distance of about 60 Kms between

the aforesaid two places.

MOHAMMAD WASEEM ANSARI

2023.09.26 15:30

I attest to the accuracy and

integrity of this document

TA-1250-2023 (O&M)

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Neutral Citation No. 2023:PHHC:126461

The respondent-husband has stated in the divorce petition that

after marriage, he was residing abroad and even at present, he is residing in

Dubai and has filed the divorce petition through his special power of

attorney.

It is well settled that while considering the transfer of a

matrimonial dispute/case at the instance of the wife, the Court is to consider

family condition of the wife, custody of the minor child, economic condition

of the wife, her physical health and earning capacity of the husband and

most important, convenience of the wife i.e. she cannot travel alone without

assistance of a male member of her family, connectivity of the place to and

fro from her place of residence as well as bearing of the litigation charges

and travelling expenses.

Accordingly, considering the fact that issuance of notice to the

respondent has the consequences of staying further proceedings before the

trial Court, otherwise the petitioner-wife will have to bear the litigation

expenses and transportation expenses and in view of the fact that in case

notice of motion is issued, even the respondent/husband has to bear the

litigation expenses, this Court deems it appropriate to allow the present

petition, with the following directions:-

(i)

The petition filed under Section 13 of the Hindu

Marriage Act, pending before the Family Court,

Hoshiarpur will be transferred to the competent

Court of jurisdiction at Jalandhar.

(ii)

The District Judge, Jalandhar will assign the said

petition to the competent Court of jurisdiction.

(iii)

The Family Court, Hoshiarpur is directed to

transfer all the record pertaining to the aforesaid

MOHAMMAD WASEEM ANSARI

2023.09.26 15:30

I attest to the accuracy and

integrity of this document

TA-1250-2023 (O&M)

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Neutral Citation No. 2023:PHHC:126461

case to District Judge, Jalandhar.

(iv)

The parties are directed to appear before the trial

Court at Jalandhar within a period of 01 month

from today.

(v)

The Courts concerned, where the cases are

pending between the parties, will accommodate

them with one date in a calendar month.

However, liberty is granted to the respondent-husband to revive

this petition, if he intends to contest the same, provided that:-

(i)

The respondent will clear all the arrears of

maintenance amount, if any, in terms of the

petition filed by the petitioner either under

Section 125 Cr.P.C. or Section 12 of the

Domestic Violence Act or Section 24 of the Hindu

Marriage Act.

(ii) The respondent will file an affidavit giving

undertaking to pay R