In TA 114 of 2021 (O&M)-PUNJ HC- Sec. 24 of CPC cannot be loosely construed to come to aid of wife on frivolous and flimsy reasons for getting matter transferred, holds P&H HC Justice Fateh Deep Singh [29-04-2022]

Read Order: Sunita Devi v. Amrit Lal

Monika Rahar

Chandigarh, May 04, 2022:  While dealing with a matrimonial transfer petition filed by a wife, the Punjab and Haryana High Court has held that the provisions of Section 24 of the CPC cannot be so loosely construed so as to come to the aid of the wife on frivolous and flimsy reasons for getting the matter transferred. 

In this case, Amrit Lal (husband-present respondent) instituted a petition under Section 13(i)(b) of the Hindu Marriage Act, 1955 against his wife (now applicant) seeking dissolution of their marriage by decree of divorce. 

As a consequence of that petition, the present transfer application was preferred by the wife under Section 24 CPC seeking transfer of this divorce petition from the Court at Panchkula to U.T. Chandigarh. 

Essentially, the marriage between the couple took place on October 14, 2006 and out of this wedlock two children were born to the couple. Subsequent thereto, the marriage did not last and that was how these wranglings came about. The husband admittedly was a constable in the Haryana Police while the wife was a house wife. 

The primary reasons for the wife to get this matter transferred was that it was inconvenient for her to attend the hearings in Panchkula on each and every date of hearing in view of the fact that her husband was a police constable. 

The city of Panchkula and Chandigarh are adjoining to each other and alongwith Mohali are termed as tri-city. 

The Bench of Justice Fateh Deep Singh observed that the tri-city area is interconnected and there the difference of distance between these cities is not much so as to cause inconvenience and hardship for the wife. 

The Bench said,  “It needs to be referred here that the city of Panchkula and Chandigarh are adjoining to each other and alongwith Mohali are termed as tri-city and are interconnected and there is not much of a difference between the two what to talk of the distance which could be a cause for inconvenience and hardship for the wife.”

Against this background, the Court opined that the provisions of Section 24 of the CPC cannot be so loosely construed so as to come to the aid of the wife on frivolous and flimsy reasons for getting the matter transferred. 
“The petition is nothing but a pure misuse of the process of the law and there being no merits stands dismissed”, held the Court.