High Court Denies Transfer Petition, Slams Wife for Extracting Money from Both Husbands in Marital Disputes

Punjab and Haryana High Court rejects transfer request of Section 11 petition citing the wife's deceitful conduct and ongoing litigation with her former husband. The Punjab and Haryana High Court has dismissed a transfer application filed by a wife seeking to move a marital dispute under Section 11 of the Hindu Marriage Act from Jhajjar to Rupnagar. Justice Archana Puri, in a strongly worded judgment, emphasized the applicant's "reprehensible" conduct, highlighting her previous undisclosed marriage and ongoing litigation to extract money from her first husband while being married to the respondent.

The applicant, married to the respondent on March 24, 2016, sought the transfer of a petition filed by the respondent under Section 11 of the Hindu Marriage Act from the Family Court in Jhajjar to a court in Rupnagar. The couple had two children, who are currently in the respondent's custody. The applicant alleged that the respondent had kidnapped the children and demanded money in exchange for divorce and their return. Additionally, the applicant had filed an FIR against the respondent under Sections 363 and 365 of the IPC, which is still pending.

However, the respondent contested these claims, revealing that the applicant was previously married and had not disclosed this fact when marrying him. He further argued that she continued to extract money from her first husband through various legal proceedings even after their marriage, only obtaining a divorce from her first husband in June 2020.

The court took a critical view of the applicant's conduct, noting that she had engaged in multiple litigations with her first husband, Singh, while keeping her second marriage to the respondent a secret. Justice Archana Puri highlighted that the applicant pursued maintenance from her first husband even after marrying the respondent, demonstrating a clear intent to extract financial benefits from both men.

The court observed that the applicant's actions displayed "greed" and "deception," as she continued her first marriage's litigation, securing substantial sums from her first husband under the guise of unresolved legal disputes. The judge remarked that "the greed is writ large on the part of the applicant," and such conduct could not justify the transfer of the ongoing marital dispute.

In denying the transfer petition, the court acknowledged that while the convenience of a woman is generally a significant factor in deciding such requests, the conduct of the applicant in this case outweighed such considerations. The court found that the applicant's behavior, marked by deceit and manipulation, did not warrant any relief from the judiciary.

Justice Archana Puri stated, "The applicant's conduct, which is reprehensible, leaves no room for accommodating her request for transfer. Her persistent litigation against her first husband, while keeping her second husband in the dark, reveals a pattern of greed and manipulation."

The Punjab and Haryana High Court's decision underscores the importance of good faith in legal proceedings, particularly in marital disputes. By denying the transfer request, the court has highlighted that the legal system cannot be used to further deceitful and greedy conduct, sending a strong message about the standards of honesty and transparency expected in matrimonial cases.

Date of Decision: August 6, 2024