Dismissed¶36

Shuchi v. Manish Arora

Punjab & Haryana HC27 Feb 2025TA/153/2024

Case brief

AI extract

What is this about?

Transfer application (TA-153-2024), Punjab & Haryana HC at Chandigarh, Archana Puri J., decided 27.02.2025. Wife's application to transfer divorce petition pending at Karnal dismissed; husband's cancer/medical condition, wife's prior employment and financial independence in Dubai, residence with supportive parental family, and absence of any requirement to attend court on every date weighed against transfer. Court requested trial court to consider securing wife's presence through electronic mode. No statutes or precedents cited; oral, reasoned judgment.

What did the court decide?

No relief to the applicant: the transfer application was dismissed; however, a request was made to the Court concerned to consider securing the applicant's presence through electronic mode as and when required. ¶36

Shuchi Vs Manish Arora — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant-wife's transfer application, seeking transfer of the divorce petition pending before the Courts at Karnal to Panipat where she resides with the minor daughter, should be allowed.

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Court's answer

In dealing with transfer applications relating to matrimonial disputes, each case must be decided on its own facts and circumstances; no hard and fast rule can be adopted for allowing or disallowing transfer applications.

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Ratio / Principle

In the present case, considering the respondent's cancer and medical ailment, it would be inconvenient for him to pursue the divorce petition if transferred.

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Key takeaways

The applicant's circumstances weigh against transfer: she did a job in Dubai and was financially independent, so she can confidently pursue the litigation at Karnal; she resides at her parental home with her widow mother, brother and sister-in-law, so the child will not be displaced; and she is not required to appear before the Court on each and every date of hearing.ratio¶31
No case was made out for allowing the transfer application, and it was dismissed.ratio¶36
Considering the convenience/inconvenience of both parties, a request was made to the Court where the divorce petition is pending to examine the feasibility of securing the applicant's presence through electronic mode as and when required.

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh, TA-153-2024, decided 27.02.2025 (Archana Puri, J., Oral): Transfer application by the applicant-wife, seeking transfer of a divorce petition pending before the Courts at Karnal, DISMISSED. The Court held that although the convenience of the wife is a consideration in matrimonial transfer applications, various other circumstances appearing from the record must also be weighed, and no hard-and-fast rule applies; each case turns on its own facts. Here, the respondent-husband's cancer/medical ailment made it bound to be inconvenient for him to pursue the petition if transferred, while the applicant, though caring for the parties' about-6-year-old daughter born at Dubai (marriage solemnized 10.11.2008), was previously employed and financially independent in Dubai, resides at her parental home with her widow mother, brother and sister-in-law (so the child would not be displaced), is a postgraduate in Mass Communication, and is not required to attend court on every date of hearing. As an accommodation, the trial court was requested to look into the feasibility of securing the applicant's presence through electronic mode as and when required. No statutory provision or precedent was cited in the judgment.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.108

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TA-153-2024

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Date of Decision: 27.02.2025

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....Applicant

Versus

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.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr. Adarsh Jain, Advocate for the applicant.

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Mr. Parth Goyal, Advocate for the respondent.

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ARCHANA PURI, J. (Oral)

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Sonu 2025.02.27 17:42 I attest to the accuracy and authenticity of this document P&HHC

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��.��%��#��$'�� the marriage between the parties to the lis, had taken place on 10.11.2008. Earlier, the parties were residing at Dubai, where the girl child was born on 21.02.2019, who is in the care and custody of the applicant. In December 2021, the applicant returned back from Dubai and she is residing in Panipat along with her daughter. However, it is submitted that the applicant was earlier working in Dubai, but after return to India, she is not working and as such, has no source of earning. Also, it is submitted that the respondent is suffering from cancer and he is taking treatment in India and United States of America. On account of the daughter living with the applicant, it is difficult for her to defend the divorce petition, pending in the Courts at Karnal.

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On query by the Court, it is submitted by the counsel for the applicant that the girl child is about 6 years of age. On further query, it is disclosed that the applicant is residing with her parental family, consisting of her widow mother, brother and sister-in-law. Also, on query, it is submitted by the counsel that the applicant is Postgraduate in Mass Communication.

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On the other hand, the counsel for the respondent, while making reference to the reply filed, has submitted that the applicant had filed the transfer application on false allegations. In fact, it is submitted that the respondent is suffering from cancer and on account of his medical ailment, it is difficult for him to be mobile and pursue the divorce petition, if transferred to Panipat. Also, it is submitted that the applicant is welleducated and was earlier doing job and having independent source of

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Sonu 2025.02.27 17:42 I attest to the accuracy and authenticity of this document P&HHC

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earning in Dubai. In these circumstances, it shall not be difficult for her to defend the divorce petition, even from Panipat, while the same remains pending at Karnal, as the personal appearance of the parties is not required on each and every date, in the civil disputes.

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In view of the submissions aforesaid, it is pertinent to mention that even though, convenience of the wife ought to be taken into consideration, while dealing with the transfer applications relating to the matrimonial dispute, but however, various other circumstances, spelt out from the material brought on record, also ought to be taken into consideration. Each case has to be decided, keeping in view the facts and circumstances. No hard and fast rule can be adopted for allowing/disallowing the transfer applications.

¶31

In the present case, the respondent is suffering from cancer and considering his medical ailment, it is bound to be inconvenient for him, to pursue the divorce petition, if so transferred. Simultaneously, it ought to be taken into consideration that the applicant was doing job, while she was staying at Dubai and thus, was financially independent, while remaining away from her home place. As such, she is bound to be confident to pursue the divorce petition, pending at Karnal. Even though, the child is aged about 6 years, but however, the applicant is staying at her parental home, which consists of her widow mother, brother and sister-in-law and therefore, the child shall not be so displaced, if the litigation continues at Karnal. Moreover, the applicant is not required to make appearance before the Court concerned, on each and every date of hearing.

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In view of the aforesaid circumstances spelt out, no case is

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Sonu 2025.02.27 17:42 I attest to the accuracy and authenticity of this document P&HHC

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made out for allowing the transfer application. Hence, the same is hereby dismissed.

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However, considering the convenience/inconvenience of both the parties to the present application, a request is hereby made to the Court concerned, where the divorce petition is pending, to look into the feasibility to secure the presence of the applicant, through electronic mode, as and when required.

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27.02.2025 Himanshu

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(ARCHANA PURI) JUDGE

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Whether speaking/reasoned : Yes Whether reportable : Yes/No

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Sonu 2025.02.27 17:42 I attest to the accuracy and authenticity of this document P&HHC

Shuchi v. Manish Arora

Case brief

What is this about?

What did the court decide?

Shuchi v. Manish Arora

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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