Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC

The Punjab and Haryana High Court has said that the transfer of matrimonial cases cannot be allowed merely on the ground that the wife being in transferable job has shifted to another place.

Justice Sumeet Goel said, "In case; if wife in question is employed in a transferable job, she cannot be permitted to seek transfer nay repeated transfer(s) of the matrimonial related litigation(s) if her job results in her being transfer from one place to another. The latitude required to be exercised in favour of a wife, while dealing with the plea for transfer of a matrimonial dispute, cannot be stretched to such an extent that the Court is approached for transfer of such matrimonial related litigation at the mere asking of the wife."

The Court emphasised that in matrimonial disputes, often, a pragmatic approach while exercising power to transfer proceedings is undertaken to resolve undue hardship to the wife/woman, by shifting the place of the trial/hearing to accommodate her convenience (of commuting, or being a primary caregiver to young children, or akin attending factors).

"Such a convention ought not be interpreted as an advantage accorded to the wife, but a concession attributable, only and only, towards facilitating the proceedings and expeditious resolution," it said.

The Court highlighted that, the concession cannot be claimed as an entitlement or be allowed to turn into a cause for recurring shifting of trials, if the wife has chosen to shift her place of living or she is employed in such a job wherein she can be transferred frequently.

These observations were made while hearing the plea filed by a wife seeking transfer of maintenance plea under Section 407 of Cr.P.C. read with Section 482 of Cr.P.C from Punjab's Mohali to Barnala.

After examining the submissions, the Court noted that the transfer is primarily sought for on the ground that she has now shifted from Mohali to Barnala.

Convenience Of Wife Is Not Absolute Right

The Court said that the convenience of wife is a paramount factor for consideration for transfer of matrimonial related proceedings but the same is not a matter of absolute right bestowed upon the wife.

It added that "cogent reasons" are required to be shown for transfer of a case.

"In other words, the convenience of the wife is indubitably is an important factor to be considered in the proceedings which are initiated/instituted at the instance of the husband. However, the converse cannot be said to be applicable with the equal vigour. In a given case; if the wife has instituted proceeding(s) pertaining to matrimonial dispute at her own instance, she would be required to show pertinent reasons for seeking transfer thereof," said the Court.

Justice Goel opined that the above ground by itself "cannot be construed to be a factor sufficient enough to direct for transfer of the maintenance proceedings initiated at her instance."

The Court elucidated further that in case the transfer petition in hand is granted, it will indubitably result in financial burden upon the husband.

In light of the above, the Court held that no cause is made out to direct for transfer of the maintenance petition.

Mr. Manoj Singh, Advocate for Mr. Simranjeet Singh, Advocate for the petitioner.

Mr. Arvind Kashyap, Advocate for the respondent.

Title: XXX v. XXX