Allowed

Laxmi v. Sunil

Punjab & Haryana HC13 Apr 2023TA/1325/2022

Case brief

AI extract

What is this about?

In this transfer application, the High Court of Punjab and Haryana allowed the petitioner-wife to transfer her pending Section 9 matrimonial suit from Rewari to Charkhi Dadri. Relying on Supreme Court precedents, the Court emphasized the wife's convenience, custody of a minor child, and economic condition. The order transferred the case via Bhiwani and directed mediation.

What did the court decide?

The pending petition under Section 9 of the Hindu Marriage Act, 1955 by the respondent against the petitioner in Additional District Judge, Rewari, is transferred to the Court of competent jurisdictio

Laxmi Vs Sunil — Matrimonial and Divorce | Punjab & Haryana HC (2023)

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T.A.No.1325 of 2022 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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2023:PHHC:051742

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212 TA No.1325 of 2022 (O&M) Date of decision: 13.04.2023

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Laxmi ...Petitioner

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Sunil ...Respondent

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CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

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Present:- Ms. Preeti Singh, Advocate for the petitioner.

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None for the respondent, despite service.

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NIDHI GUPTA, J.(ORAL)

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Prayer in this petition filed by petitioner wife is for transfer of the petition filed by respondent-husband under Section 9 of the Hindu Marriage Act, 1955, titled “Sunil vs. Smt. Laxmi” pending in the Court of Additional District Judge, Rewari to a court of competent jurisdiction at Charkhi Dadri.

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Learned counsel for the petitioner, inter alia, submits:

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i) that the parties solemnized marriage on 08.02.2018. ii) that one daughter was born out of the wedlock. iii) that the petitioner along with minor daughter is stated to be living in her parental home at Charkhi Dadri. iv) that the petitioner has no source of income. v) that the distance between the place of residence and place of proceedings is 70 kms (one side).

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Though notice has been served upon the respondent but no one

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appears on his behalf. Accordingly, present case is being decided in his absence.

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I have heard learned counsel for the petitioner.

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ASHOK KUMAR 2023.04.28 16:23 I attest to the accuracy and integrity of this document

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T.A.No.1325 of 2022 (O&M)

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Besides the facts as noticed hereinabove, the legal position in

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such like cases as the present one is also very clear. Reference in this regard may be made in particular, to judgment rendered by the Hon’ble Supreme Court, in case of N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022 Live Law (SC) 627 , wherein the Hon’ble Supreme Court has held as under:-

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“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 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.

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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.”

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Further reliance can be placed upon the judgments in “Sumita

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Singh vs Kumar Sanjay”, 2002 SC 396 and “Rajani Kishor Pardeshi

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vs Kishor Babulal Pardeshi”, 2005(12) SCC 237 , wherein the Hon’ble Supreme Court has 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.”

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ASHOK KUMAR 2023.04.28 16:23 I attest to the accuracy and integrity of this document

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T.A.No.1325 of 2022 (O&M)

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Even this Court in number of cases has followed the aforesaid principle of law. Accordingly, 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 the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important the 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.

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After hearing the learned counsel for the petitioner and in view of the judgments i.e. Sumita Singh’s case (supra), Rajani Kishor Pardeshi’s case (supra) and N.C.V. Aishwarya’s case (supra) passed by the Hon’ble Supreme Court, this Court deems it appropriate to allow the present petition, subject to the following conditions:-

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a) The petition filed by respondent-husband under Section 9 of the Hindu Marriage Act, 1955, titled “Sunil vs. Smt. Laxmi” pending in the Court of Additional District Judge, Rewari is transferred to a court of competent jurisdiction at Charkhi Dadri.

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b) The ld. District Judge, Rewari is directed to transfer complete record pertaining to the aforesaid case to District Judge, Bhiwani.

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c) The parties, through their counsel, are directed to appear before the District & Sessions Judge, Bhiwani on 17.05.2023.

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ASHOK KUMAR 2023.04.28 16:23 I attest to the accuracy and integrity of this document

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T.A.No.1325 of 2022 (O&M)

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d) The District Judge, Bhiwani will assign the said

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petition to the Court of competent jurisdiction at Charkhi Dadri.

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The concerned Court at Bhiwani will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties.

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The Court concerned, where the litigation pending between the parties, will accommodate them with one date in one calendar month.

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Disposed of.

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13.04.2023 (Nidhi Gupta) ashok Judge Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

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ASHOK KUMAR 2023.04.28 16:23 I attest to the accuracy and integrity of this document

Laxmi v. Sunil

Case brief

What is this about?

What did the court decide?

Laxmi v. Sunil

Case brief

What is this about?

What did the court decide?

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