The Punjab High Court passed an order on 17th August, 2022 in Ashima Khetarpal v/s Dinesh Setia (TA-827-2021 (O&M), stating that on request of transfer of the case to another court, the case has to systemically confined to a particular date in one calendar month. The Judgement was presided over by Honourable Mr. Justice Arvind Singh Sangwan.
FACTS OF THE CASE:
The petitioner sought a transfer from the family court of Panipat to the court of Faridabad. The reason for the same was stated by the petitioner as the difficulty of mobility. The petitioner and the respondent married in the year 2013 and thereby the petitioner moved in with her parents in Faridabad with a male child from the marriage. The distance between the two destinations, Panipat-Faridabad stands at 140kms. The learned counsel representing the petitioner stated the difficulty undertaken by the petitioner to cover this distance for each hearing.
The respondent-husband held that he bore the brunt of financial hardships due to multiple dates in one calendar month.
JUDGEMENT:
The Court here referred to the judgement in Sumita Singh v/s Kumar Sanjay, 2002 SC 396. It this particular case, it was ruled by the Honourable Supreme Court that while “while deciding the transfer application, the Courts are required to give more weightage and consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships.”
The Court thereby held that while deciding on transfer of matrimonial cases, the economic condition of the wife, undue hardships to be undertaken in commutation, connectivity to the place, minor child as well as the income of the husband has to be taken in consideration. On account of the wife having to bear the commutation and litigation expenses, the court appropriated the transfer of case to Faridabad.
However, on addressing the hardship stated by the respondent-husband, the court held that under the Protection of Women from Domestic Violence Act, the respondent will be accommodated with a single date. This would not require his appearance more than once in one calendar month.
The Court circulated this copy of a single date in one calendar month amongst all family courts dealing with matrimonial cases in the state of Punjab and Haryana, including the Union Territory of Chandigarh.
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JUDGEMENT REVIEWED BY ARYA THAKUR.
