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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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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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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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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