High Court transferred a husband's marriage appeal pending in Ambala to Chandigarh, where the wife and minor daughters reside, citing convenience of the wife and pending maintenance proceedings there.
The marriage appeal VMA/446/2021 filed in Ambala was transferred to be tried by the competent court in Chandigarh; record to be transferred.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
T.A.No.877 of 2021 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
2023:PHHC:069377
201 TA No.877 of 2021 (O&M) Date of decision: 29.05.2023
Manju Hudda
...Petitioner
v
Vishal Singh ...Respondent
CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA
Present:- Mr. Satyaveer Singh, Advocate for the petitioner. Mr. Gautam Kaile, Advocate for the respondent. ***
NIDHI GUPTA, J.(ORAL)
iv) that the distance between the place of residence and place of proceedings is 65 kms (one side).
v) that a petition under Section 125 Cr.P.C. is also pending at Chandigarh.
ASHOK KUMAR 2023.07.06 11:22 I attest to the accuracy and integrity of this document
T.A.No.877 of 2021 (O&M)
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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.
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 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
ASHOK KUMAR 2023.07.06 11:22 I attest to the accuracy and integrity of this document
T.A.No.877 of 2021 (O&M)
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allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships.”
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:-
a) The petition bearing No.HMA/446/2021 filed by respondent-husband under Section 13 of the Hindu Marriage Act, 1955, titled “Vishal Singh vs. Manju Hudda” pending in the Court of Ld. AD & SJ, Addl. Principal Judge, Family Court, Ambala, is transferred to a court of competent jurisdiction at Chandigarh.
b) The ld. District Judge, Ambala is directed to transfer complete record pertaining to the aforesaid case to District Judge, Chandigarh.
ASHOK KUMAR 2023.07.06 11:22 I attest to the accuracy and integrity of this document
T.A.No.877 of 2021 (O&M)
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c) The parties, through their counsel, are directed to appear before the District & Sessions Judge, Chandigarh on 12.07.2023.
d) The District Judge, Chandigarh will assign the said
petition to the Court of competent jurisdiction.
to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties.
Disposed of.
29.05.2023 (Nidhi Gupta) ashok Judge Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
ASHOK KUMAR 2023.07.06 11:22 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether the marriage appeal filed by the husband should be transferred from Ambala to Chandigarh where the wife and minor children reside.
Whether the transfer of proceedings is warranted considering the convenience of the female litigant and existence of other pending matters.
Whether the marriage case should be referred to the Mediation and Conciliation Centre.
Colour shows how this judgement treated each authority
N.C.V. Aishwarya vs A.S. Saravana Karthik ShaRelied on¶23
N.C.V. Aishwarya vs A.S. Saravana Karthik Sha, 2022 Live Law (SC) 627
Sumita Singh vs Kumar SanjayRelied on¶26
Sumita Singh vs Kumar Sanjay, 2002 SC 396
Rajani Kishor Pardeshi vs Kishor Babulal PardeshiRelied on¶26
Rajani Kishor Pardeshi vs Kishor Babulal Pardeshi, 2005(12) SCC 237 · Who else cites this
Manju Hudda
Vishal Singh
Nidhi Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
