Convenience of Female Litigants Given Priority: High Court Orders Transfer of Matrimonial Case
In a significant decision emphasizing the convenience of female litigants in matrimonial disputes, the High Court of Punjab and Haryana at Chandigarh has ordered the transfer of a case filed under Section 13(1)(ia)(ib) of the Hindu Marriage Act. The case, initially pending before the Family Court, Bathinda, will now be moved to the competent Court of jurisdiction at Dabwali, District Sirsa.
Justice Arvind Singh Sangwan, in his decision dated 13th October 2023, observed that the Court should “give more weightage and consideration to the convenience of female litigants” and that transfer of legal proceedings should be allowed, taking into account their convenience. The Court further emphasized that female litigants should not be put under “undue hardships.” [Para 2-3]
The petitioner, Sukhvir Kaur, sought the transfer of the case, highlighting the difficulty in prosecuting the petition filed by the respondent due to the distance between Dabwali and Bathinda. The petitioner also pointed out that she has a minor son in her care and custody.
The Court, while allowing the transfer, laid down several conditions. The judgment stated that “the Family Court, Dabwali, District Sirsa will make all the endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of amicable settlement between the parties.”
The decision also referred to previous judgments, including Sumita Singh Vs. Kumar Sanjay and Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi, which underscored the importance of considering the convenience of female litigants in matrimonial matters.
This judgment is seen as a step towards ensuring justice and fairness by taking into consideration the practical difficulties faced by female litigants in pursuing legal proceedings.
Date of Decision: 13th October 2023
Sukhvir Kaur VS Harjit Singh
