T.A. No. 451 of 2019 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
T.A. No. 451 of 2019 (OM)
DATE OF DECISION :- November 29, 2019
CORAM: HON’BLE MR. JUSTICE H.S. MADAAN
Present:- Mr. Sansar Kundu, Advocate for the applicant.
Mr. Ravinder Malik, Advocate for the respondent.
Applicant Reetu, aged about 24 years, estranged wife of
Mandeep-respondent, presently residing with her parents at Jind 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 Mandeep against her having title
‘Mandeep Vs. Ritu’ pending in the Court of Principal Judge, Family Court,
Rohtak to the Court of competent jurisdiction at Jind.
According to the applicant, the marriage performed between the
parties on 11.11.2016 ran into rough weather though the couple was not
blessed with any child. On account of demand of more dowry by respondent
and his family members, she had to leave the matrimonial home and start
residing with her parents. The applicant has filed petition under Section 125
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T.A. No. 451 of 2019 (OM) 2
SectionCr.P.C. against the respondent for maintenance. She has also lodged an
F.I.R. No. 115 dated 12.6.2018 under Sections 323, Section498A, Section506, Section354A, Section406,
Section34 IPC in Women Police Station, Jind. She does not have any source of
income and is dependent upon her parents. It is difficult for her to travel
from to Jind to Rohtak covering a distance of 70 kms on one side so as to
attend the dates of hearing in the Court there, therefore, the application be
Notice of the application was given to the respondent, who has
put in appearance through counsel by filing written reply and is vehemently
opposing the application.
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
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
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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
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 Principal
Judge, Family Court, Rohtak and transferred to Family Court at Jind for
disposal in accordance with law.
The parties through their counsel are directed to appear in the
transferee Court on 20.12.2019. Copies of orders be sent to the Court of
Principal Judge, Family Court, Rohtak as well as to the Family Court at Jind
for information and necessary compliance.
November 29, 2019
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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