HC: Transfers Matrimonial Disputes as per Convenience of Wife by considering Litigation and Transport Expenses

 

The single judge bench of Justice Arvind Singh Sangwan of the Punjab and Haryana High Court in the case of Meenu V. Mohit transferred the petition of the matrimonial case on the account that if the petition is not transferred then, the wife has to bear the litigation expenses and transportation expenses.

BRIEF FACTS

The factual matrix of the case is that the wife filed the petition seeking the transfer of the petition under section 13 of the Hindu Marriage Act, 1955 in the court of Karnal.

The learned counsel appearing on behalf of the petitioner contended that the petitioner along with her minor son is residing at her parent’s home at the Jind and cannot defend the petition at karnal. Further, it was contended that at the district courts of Jind, the respondent is already facing trial in two cases.

The counsel relied on the judgments titled, ‘Sumita Singh Vs. Kumar Sanjay’, 2002 SC 396 and ‘Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi,’ 2005(12) SCC 237.

The counsel appearing for the respondent vehemently opposed all the contentions of the counsel appearing on behalf of the petitioner.

COURT’S OBSERVATION

The court stated that while considering the transfer of a matrimonial dispute/case at the instance of the wife, the Court is to consider the family condition of the wife, custody of the minor child, the economic condition of the wife, her physical health, and earning capacity of the husband and most importantly, the convenience of the wife i.e. she cannot travel alone without the assistance of a male member of her family, connectivity of the place to and from her place of residence as well as bearing of the litigation charges and travel expenses.

The court after considering the cases on which the counsel for the petitioner relied, decided to transfer the petition on the grounds that if the petition is not transferred then, the wife has to bear all the litigation and traveling expenses.

CASE NAME- Meenu V. Mohit

CITATION- TA-742-2021 (O&M)

CORUM- Justice Arvind Singh Sangwan

DATED- 09.08.2022

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