The Punjab and Haryana High Court, in response to a transfer petition before it, ordered the transfer of a Section 13 petition under the Hindu Marriage Act from Ludhiana to Hoshiarpur, emphasizing the importance of the wife’s convenience in such transfer cases. The decision aligned with established legal precedents transfer applications, thereby addressing the petitioner’s hardships and economical challenges.
Facts: The petitioner had initiated three legal actions in Hoshiarpur, including a Section 125 Cr.P.C. petition, a complaint under the Domestic Violence Act, and criminal proceedings based on FIR under Sections 406 and 498-A of the IPC. In response, the respondent filed a Section 13 petition under the Hindu Marriage Act in Ludhiana. The filing of such petition by the respondent husband was challenged in the transfer petition by the wife.
Contentions of the Parties: The petitioner presented arguments related to the inconvenience caused by the distance between Ludhiana and Hoshiarpur. The petitioner highlighted the burden of prosecuting multiple cases in different locations and the potential for harassment by her husband’s choice of jurisdiction. The petitioner in support of her arguments, seeking transfer of the petition by the husband, referred to the Hon’ble Supreme Court’s decision in N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha where it was held –
“The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioral pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.”
Decision of the Court: The court granted the petitioner’s request, ordering the transfer of the Section 13 petition to Hoshiarpur relying on the judgments referred by the petitioner. The court based on the judgments, reiterated –
“It is well settled that while considering the transfer of a matrimonial dispute/case at the instance of the wife, the Court is to consider family condition of the wife, custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important, convenience of the wife i.e. she cannot travel alone without assistance of a male member of her family, connectivity of the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses.”
This decision underscores the wife’s convenience in transfer applications in matrimonial disputes. If you are also seeking advice or consultation in matrimonial disputes you can reach out to us at contactus@hariharalaw.com.
