In TA No.326 of 2020(O&M)-PUNJ HC- Preponderance of law in transfer cases is in favour of wife, however, transfer is not always allowed in her favour: P&H HC
Justice Nidhi Gupta [31-01-2023]

Read Order: Rupinder Singh v. Kiran and anr.

Monika Rahar

Chandigarh, February 13, 2023:  Recently,  the High Court of Punjab and Haryana has held that no doubt, the preponderance of law in such-like cases is in favour of the wife, however, it is not the case that transfer is always allowed in favour of the wife. 

Prayer in this transfer petition filed by the petitioner-husband, before the Bench of Justice Nidhi Gupta, was for transfer of the Civil Suit filed by first respondent-wife pending in the Court of Civil Judge, Junior Division, Gurdaspurto a court of competent jurisdiction at Ludhiana. 

The said Suit was ‘for Mandatory Injunction  directing the defendants to return the articles of the plaintiff.

The counsel for the petitioner submitted that the petitioner was suffering from brain cancer and it was impossible for him to travel. The Counsel added that he was diagnosed as a case of Oligodendroglioma Grade-II, and submitted that the petitioner has had multiple episodes of seizures and after surgery, the petitioner was undergoing follow-up treatment in the form of radiotherapy et cetera. It was submitted that the petitioner was advised not to take the stress of  work or travel and that the petitioner cannot undertake the long-distance travel entailed in the present case, as distance between Gurdaspur to Ludhiana is 165 kms. (one side).

After hearing the parties, the Court observed that in the above-noticed facts and circumstances of the present case, where the health condition of the petitioner was not denied by the respondent-wife, it was most just and proper that the present transfer petition be allowed. 

"No doubt, the preponderance of law in such- like cases is in favour of the wife. However, it is not the case that transfer is always allowed in favour of the wife", the Court added. 

In the exceptional circumstances of the present case, the Court deemed it appropriate to allow the present petition.