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ARCHANA PURI, J. (ORAL) –

1. The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/145/2024, titled ‘Jaskaran Singh Vs. Simranjit Kaur’, filed by the respondent-husband through his attorney-holder, pending in the Family Court (Camp Court) Patti, District Tarn Taran and she seeks transfer of the same to the Court of competent jurisdiction at Gurdaspur.

2. In pursuance of notice issued, the respondent made appearance through counsel and filed reply.

3. Counsel for the parties heard.

4. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 08.01.2018. On 07.11.2018, one son was born from the said wedlock, who is in the care and custody of the applicant. The applicant, together with the child, is residing at her parental place, whereas, the respondent is residing at Malaysia. It is submitted that the respondent has filed the divorce petition, through his attorney i.e. his father, namely, Chamkaur Singh son of Gurbhej Singh, which is pending in the Courts at Patti, District Tarn Taran. The applicant has no source of earning. It is pointed out that earlier, amicable settlement was reached between the parties, for an amount of Rs.9,75,000/-, whereas the requisite cheque towards the settlement, which was handed over by the respondent has since been dishonoured and relating to the same, complaint under Section 138 of the Negotiable Instruments Act, is pending in the Courts at Gurdaspur. The distance between the two places is stated to be 95 kms. on one side.

5. On the other hand, counsel for the respondent, while making reference to the reply, submits that the applicant has not come to the Court with clean hands. In fact, the compromise was though effected for an amount of Rs.9,75,000/-, but it was the applicant, who had not come forward to file the petition under Section 13-B of the Hindu Marriage Act, on which account, the compromise did not fructify. Admittedly, the child is residing with the applicant.

6. In view of the submissions aforesaid, it is pertinent to mention that, as and when the Courts deal with the transfer application relating to the matrimonial dispute, various factors are to be taken into consideration and then balancing of convenience/inconvenience of the parties is required to be done. Though, there is dispute with regard to the manner, in which the amicable settlement, earlier reached between the parties, could not be fructified, but however, the same cannot be commented upon by this Court, while dealing with the transfer application, as it forms the basis of the complaint under Section 138 of the Negotiable Instruments Act, which is still pending in the Courts at Gurdaspur. Suffice to consider the fact of the child, who is about 7 years old, to be in the care and custody of the applicant, who herself is not having any source of earning. Therefore, the applicant is bound to be facing challenges, while upbringing the child. This inconvenience of the applicant, as such, cannot be overlooked, while considering the respondent to be himself residing at Malaysia. The convenience of his attorney-holder cannot be placed, above the convenience of the applicant.

7. In view of the aforesaid fact situation, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/145/2024, titled ‘Jaskaran Singh Vs. Simranjit Kaur’, stands transferred from the Family Court (Camp Court) Patti, District Tarn Taran, to the Court of competent jurisdiction at Gurdaspur. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Patti, to the District and Sessions Judge, Gurdaspur.

8. Learned District and Sessions Judge, Gurdaspur, shall assign the said petition to the Family Court, Gurdaspur. Even, the parties are directed to appear before the Family Court, Gurdaspur, within a period of one month from today onwards.

Application allowed.

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