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Shalini vs Sukhwinder Singh on 15 March, 2019

T.A. No. 25 of 2018 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

T.A. No. 25 of 2018
DATE OF DECISION :- March 15, 2019

Shalini …Applicant

Versus

Dr. Sukhwinder Singh …Respondent

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

Present:- Applicant with counsel Mr. APS Sandhu, Advocate.

Respondent with counsel Mr. D.D. Sharma, Advocate.
***

The applicant states that she needs more time to think over the

matter. However, the case cannot be adjourned time and again for such like

reasons. Let the case proceed further on merits.

Applicant Shalini, aged about 33 years, wife of Dr. Sukhwinder

Singh-respondent, presently residing with her parents at Amritsar on

account of matrimonial discord between the spouses by way of filing the

instant application seeks transfer of divorce petition filed by her husband

Dr. Sukhwinder Singh against her having title ‘Sukhwinder Singh Vs.

Shalini’ pending in the Court of District Judge, Chandigarh to the Court of

competent jurisdiction at Amritsar.

According to the applicant, the marriage performed between the

parties on 22.4.2015 ran into rough weather though the couple was blessed

with a son namely Master Gursirat Singh stated to be aged about 2½ years

presently. The applicant along with minor son of the parties had to leave the

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T.A. No. 25 of 2018 2

matrimonial home and start residing with her parents at Amritsar. She has

filed a petition under Section 12 of Protection of Women from Domestic

Violence Act, 2005 and a criminal complaint under Section 406/498A/120-

B IPC against the respondent in the Courts at Amritsar. As a pressure tactic

the respondent has filed a divorce petition against him in the Court at

Chandigarh. The applicant being a young woman, taking care of minor son

of the parties, it is difficult for her to travel from Amritsar to Chandigarh

covering a distance of about 250 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 put

in appearance through his counsel and is vehemently opposing the

application contending that the respondent is in government service and

presently posted at Faridkot which facts have been concealed by her in the

application, therefore, the application be dismissed.

Learned counsel for the applicant has contended that the

applicant is staying at Faridkot temporarily since she has submitted a

written request to her department to transfer her to Amritsar so as to enable

her to reside with her parents and she has also applied for her posting at

Amritsar.

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

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T.A. No. 25 of 2018 3

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, Chandigarh and transferred to Family

Court at Amritsar for disposal in accordance with law.

The parties through their counsel are directed to appear in the

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T.A. No. 25 of 2018 4

transferee Court on 26.4.2019. Copies of orders be sent to the Court of

District Judge, Chandigarh as well as to the Family Court at Amritsar for

information and necessary compliance.

(H.S. MADAAN)
JUDGE
March 15, 2019
p.singh

Whether speaking/reasoned Yes/No

Whether Reportable Yes/Nos

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