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Damanpreet Kaur vs Ramanpreet Singh on 18 March, 2019

T.A. No. 631 of 2018 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

T.A. No. 631 of 2018
DATE OF DECISION :- March 18, 2019

Damanpreet Kaur …Applicant

Versus

Ramanpreet Singh …Respondent

CORAM: HON’BLE MR. JUSTICE H.S. MADAAN

Present:- Mr. Parvez Chugh, Advocate for the applicant.

Mr. Ramanjeet Singh, Advocate for the respondent.

***

By way of filing the present application, applicant Damanpreet

Kaur, aged about 33 years, wife of Ramanpreet Singh-respondent presently

residing with her parents at Ferozepur, seeks transfer of petition under

Section 13 of the Hindu Marriage Act, 1955 filed by her husband

Ramanpreet Singh against her having title ‘Ramanpreet Singh Vs.

Damanpreet Kaur’ pending in the Court of Additional District Judge,

Ludhiana to the Court of competent jurisdiction at Ferozepur.

According to the applicant, the marriage between the parties

was performed on 10.3.2016. Thereafter they started residing together as

husband and wife. The applicant gave birth to a daughter from loins of

respondent on 15.5.2017, however, differences arose between the spouses

and applicant was forced to leave the matrimonial home. She had no other

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T.A. No. 631 of 2018 2

place to go except house of her parents at Ferozepur where she is putting up

along with minor daughter of the parties. The applicant has lodged an F.I.R.

against the respondent for offences under Sections 406 and 498A IPC with

Police Station women, District Ferozepur besides filing of petition under

Section 125 Cr.P.C. against the respondent seeking maintenance. She being

a young woman, taking care of minor daughter of the parties aged about one

year, having no source of income, it is difficult for her to travel from

Ferozepur to Ludhiana covering a distance of about 130 kms on one side so

as to attend the dates of hearing there, as such the application be accepted.

Notice of the application was given to the respondent, who has

put in appearance through his counsel and filed written reply opposing the

application contending that the applicant is a practicing Advocate at

Ferozepur. Her brother is also in active practice in District Court Ferozepur

and if divorce petition in question is transferred to the Court at Ferozepur,

then respondent would be severally prejudiced, therefore, the application be

dismissed.

I have heard learned counsel for the parties besides going

through the record.

The major ground for opposition of transfer is that applicant

and her brother are practicing Advocates at Ferozepur. May it be so but they

cannot possibly interfere in judicial proceedings and influence the result

thereof. The comparative inconvenience to applicant shall be much more if

application is rejected then it is allowed.

The Apex Court in various judgments has observed that in

matrimonial disputes between the spouses convenience of wife should be

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T.A. No. 631 of 2018 3

looked into. In that regard a reference can be made to authority Sumita

Singh Versus Kumar Sanjay and another, 2002 AIR(SC) 396 by a

Division Bench of Hon’ble Supreme Court.

In Bhartiben Ravibhai Rav Versus Ravibhai Govindbhai Rav,

2017(3) RCR(Civil) 369, the Apex Court had allowed application for

transfer of the divorce petition to a place where the wife was residing

considering various factors including the distance between the place where

the wife was residing and the place of sitting of the Court where divorce

petition had been instituted and the fact that the wife had filed two cases

against her husband in the Court at the place of her residence wherein the

respondent had already put in appearance.

In Apurva Versus Navtej Singh, 2017(2) Law Herald 966 by a

Co-ordinate Bench of this Court, it was observed that wherever the Courts

are called upon to consider the plea of transfer in matrimonial disputes, the

Courts have to take into consideration various factors like economic

soundness of either of the parties, the social strata of the spouses to which

they belong and behavioural pattern, standard of life antecedents of

marriage. Generally it is the wife’s convenience, which must be looked at by

the Courts while deciding the transfer application.

Keeping in view the contentions in the application and

submissions made by learned counsel for the applicant, in which I find

merit, in absence of any strong circumstance to the contrary, it would be

proper and appropriate if the application is accepted. The same is

accordingly allowed. The petition in question is ordered to be withdrawn

from the Court of District Judge, Ludhiana and transferred to the Court of

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T.A. No. 631 of 2018 4

District Judge, Ferozepur for disposal in accordance with law. Learned

District Judge, Ferozepur may retain the petition on his board or assign it to

any other Court of competent jurisdiction.

The parties through their counsel are directed to appear in the

transferee Court on 29.4.2019. Copies of orders be sent to the Court of

District Judge, Ludhiana as well as to the Court of District Judge, Ferozepur

for information and necessary compliance.

(H.S. MADAAN)
JUDGE
March 18, 2019
p.singh

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

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