T.A. No. 853 of 2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
T.A. No. 853 of 2018
DATE OF DECISION :- March 18, 2019
Meenakashi …Applicant
Versus
Ajay …Respondent
CORAM: HON’BLE MR. JUSTICE H.S. MADAAN
Present:- Mr. Robin Lohan, Advocate for the applicant.
Mr. Aminder Singh, Advocate for the respondent.
***
Applicant Meenakashi, aged about 23 years, wife of Ajay-
respondent, presently residing with her parents at Village Hajampur, Tehsil
Hansi, District Hisar on account of matrimonial discord between the
spouses by way of filing the instant application seeks transfer of petition
under Section 13 of the Hindu Marriage Act filed by her husband Ajay
against her having title ‘Ajay Vs. Meenakashi’ pending in the Court of
District Judge, Sangrur to the Court of District Judge, Hisar.
According to the applicant, the marriage was performed
between the parties on 25.11.2013. Thereafter the spouses started residing
together. The applicant gave birth to a male child from the loins of
respondent namely Master Rashik. The respondent and his family members
treated the applicant with cruelty with the result she had to leave the
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T.A. No. 853 of 2018 2
matrimonial home along with the minor child and start residing with her
parents at Village Hajampur, Tehsil Hansi, District Hisar. She has filed
petition under Section 12 of Protection of Women from Domestic Violence
Act, 2005 besides lodging F.I.R. under Section 498A IPC against the
respondent. Both the cases are pending before JMIC Hansi. The respondent
has filed divorce petition against the applicant as a pressure tactic. She
being a young woman, taking care of minor son of the parties, having no
source of income, it is difficult for her to travel from her parental place to
Sangrur, covering a distance of 150 kms on one side, therefore, the
application be accepted.
Notice of the application was given to the respondent, who has
put in appearance through his counsel and is resisting the application
praying for its dismissal.
I have heard learned counsel for the parties besides going
through the record.
The Apex Court in various judgments has observed that in
matrimonial disputes between the spouses convenience of wife should be
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
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T.A. No. 853 of 2018 3
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, Sangrur and transferred to Family Court at Hisar for disposal in
accordance with law.
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, Sangrur as well as to the Family Court at Hisar for
information and necessary compliance.
As regards apprehension expressed by learned counsel for the
respondent that the respondent and the persons accompanying him may be
subjected to physical harm if the respondent goes to Hisar to attend the
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T.A. No. 853 of 2018 4
dates of hearing in that respect, the Senior Superintendent of Police, Hisar is
directed to ensure that no physical harm is caused to the respondent or to his
family members or persons accompanying him when he/they go to Hisar to
attend the dates of hearing. A copy of this order be sent to Senior
Superintendent of Police, Hisar also.
(H.S. MADAAN)
JUDGE
March 18, 2019
p.singh
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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