In TA No. 1219/2022-PUNJ HC- P&H HC allows wife’s plea for transfer of divorce petition, reiterates that preponderance of law in such cases leans towards convenience of wife
Justice Nidhi Gupta [24-05-2023]

Read Order:Dr. Seerat Kaur Bhatia Vs. Dr. Gurjyot Singh Nanda

Tulip Kanth

Chandigarh, May 25, 2023: The Punjab and Haryana High Court has allowed the wife’s petition for transfer of the petition filed by respondent-husband under Section 13 of the Hindu Marriage Act,1955 from the Court of Ms. Tripat Jot Kaur, Addl. Principal Judge, Family Court-II, Jalandhar to a court of competent jurisdiction at Chandigarh.

“There can be no dispute that the preponderance of law in such like cases as the present one, leans towards the convenience of the wife”, the Bench said.

The facts of the case suggested that the parties were married in 2019 according to Sikh rites and rituals and although they lived together as husband and wif, they  did not consummate the marriage. The petitioner stated that after marriage, the respondent and his family members started harassing the petitioner for more dowries and several gruesome acts of cruelty were committed against her by the respondent, his mother and sister.

It was asserted that the respondent has filed the divorce petition at Jalandhar to harass the petitioner. The petitioner working as a Radiologist at Healing Hospital in Chandigarh had difficulty in travelling to Jalandhar in order to attend the proceedings.

The respondent, being a practising Doctor of Medicine, and employed in Tagore Hospital, Jalandhar objected to the transfer of the divorce petition citing the nature of duties that he had to attend to.

“In the present case, both the parties are doctors, and  being educated, it was hoped that an amicable resolution of all their  disputes would be reached by way of mediation. However, mediation  between the parties has failed as per report dated 29.11.2022 submitted by  the Mediator, Mediation and Conciliation Centre of this Court”, the Bench held.

The Bench explained the well settled principle 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, the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important the 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. 

Thus, the Bench directed the petition filed by respondent husband under Section 13 of Hindu Marriage Act,1955, to be transferred from Jalandhar to a Court of competent jurisdiction at Chandigarh.