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by Admin
07 May 2024 2:49 AM
In a landmark judgement, the Punjab and Haryana High Court permitted the transfer of a matrimonial dispute case from the Family Court in Dera Bassi to Faridkot. The ruling comes as a relief to the petitioner-wife, Ravneet Kaur, who cited substantial inconvenience due to the distance between the two locations.
Presided over by Hon’ble Mr. Justice Arvind Singh Sangwan, the High Court observed, “It is well settled that while considering the transfer of a matrimonial dispute/case at the instance of the wife, the Court is to consider family condition of the wife, custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important, convenience of the wife.”
The decision was made after considering several factors, including the family condition of the wife, her economic situation, and physical health. The Court was also guided by the principle that “Courts should desist from putting female litigants under undue hardships.”
The Court further added, “Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.”
The judgement cited three significant Supreme Court decisions, including Sumita Singh Vs. Kumar Sanjay, Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi, and N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, to back its ruling.
As part of the conditions for the transfer, both parties are directed to appear before the Family Court in Faridkot within one month from today. The Court also encouraged exploration of amicable resolution through the Mediation and Conciliation Centre.
The respondent-husband, Sumit Kumar, is granted liberty to contest this decision provided he meets specific conditions like clearing any arrears in maintenance and contributing towards the litigation expenses of the petitioner.
Date of decision: 11.09.2023
Ravneet Kaur vs Sumit Kumar
[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/09/Ravneet_Kaur_vs_Sumit_Kumar_on_11_September_2023_PH_HC.pdf"]
