SEEMA Vs. SONU KUMAR

JUDGEMENT

(1.) Prayer in the present application is for transfer of divorce petition, titled as Sonu Kumar Vs. Seema filed under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') by the respondent-husband from the Court of Addl. District Judge, Chandigarh to the Court of competent jurisdiction at Jalandhar. Learned counsel for the applicant submitted that marriage of the applicant was solemnised with the respondent according to Hindu rites at Jalandhar on 5.5.2002. Two children one male and other female were born out of the wedlock. Male child is suffering from a heart disease and is under treatment at Jalandhar. However, the applicant was turned out of the matrimonial home after giving beatings on 13.4.2008. As all efforts for reconciliation thereafter remained futile, the applicant filed a complaint under Section 406, 498-A IPC and an application under Section 125 Cr.P.C. at Jalandhar. As a counter blast to the aforesaid cases filed by the applicant, the respondent filed a divorce petition at Chandigarh. Distance between Jalandhar to Chandigarh is more than 150 kilometers. The submission is that it is difficult for the applicant to attend the hearings of the divorce petition filed by the respondent-husband at Chandigarh, being a poor lady, who is living with two minor children at the mercy of her parents with no source of income. No one is there in the family to accompany her to attend hearings of the case at Chandigarh. The applicant is not even being paid any maintenance. It is the convenience of the wife which is to be seen. Considering the aforesaid facts, the divorce petition filed by the husband at Chandigarh be transferred to the Court of competent Jurisdiction at Jalandhar.

(2.) On the other hand learned counsel for the respondents opposed the prayer made by learned counsel for the applicant. The issue regarding transfer of case from one Court to another has been discussed by Courts in numerous judgments. In Kulwinder Kaur @ Kulwinder Gurcharan Singh Vs. Kandi Friends Education Trust and others, 2008 (3) SCC 659, the Hon'ble Supreme Court laid down certain parameters to be considered for the purpose, while opining that the same cannot be treated as exhaustive but illustrative in nature. The relevant Para-14 thereof is extracted hereunder:

(3.) Although the discretionary power of transfer of cases cannot be imprisoned within a straitjacket of any cast-iron formula unanimously applicable to all situations, it cannot be gainsaid that the power to transfer a case must be exercised with due care, caution and circumspection. Reading Sections 24 and 25 of the Code together and keeping in view various judicial pronouncements, certain broad propositions as to what may constitute a ground for transfer have been laid down by Courts. They are balance of convenience or inconvenience to plaintiff or defendant or witnesses; convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; issues raised by the parties; reasonable apprehension in the mind of the litigant that he might not get justice in the court in which the suit is pending; important questions of law involved or a considerable section of public interested in the litigation; interest of justice demanding for transfer of suit, appeal or other proceeding, etc. Above are some of the instances which are germane in considering the question of transfer of a suit, appeal or other proceedings. They are, however, illustrative in nature and by no means be treated as exhaustive. If on the above or other relevant considerations, the Court feels that the plaintiff or the defendant is not likely to have a fair trial in the Court from which he seeks to transfer a case, it is not only the power, but the duty of the T.A. No. 309 of 2010 3 Court to make such order."