Matrimonial Dispute| 'Transfer Isn't Always Allowed In Wife's Favour': P&H High Court Grants Relief To Husband Suffering From Brain Cancer

Granting relief to the husband in a matrimonial dispute case, the Punjab And Haryana High Court observed that it isn't the case that transfer of a case is always allowed in favor of the wife.

With this, the bench of Justice Nidhi Gupta allowed the transfer plea filed by a husband (suffering from brain cancer) and ordered to transfer oa case filed by the wife in Gurdaspur to the Ludhiana court.

Essentially, the wife had moved a suit for Mandatory Injunction directing the defendants (husband) to return her articles in the court of Civil Judge, Junior Division, Gurdaspur.

Seeking transfer of the case to a court of competent jurisdiction at Ludhiana, the husband moved the High Court on the ground that he suffering from brain cancer, and it is impossible for him to travel.

His counsel referred to his medical and treatment record to show that he is diagnosed with a case of Oligodendroglioma Grade-II and that he has had multiple episodes of seizures and after surgery, the petitioner is undergoing follow-up treatment in form of radiotherapy et cetera.

On the other hand, respondent No.1 (wife) opposed the husband's transfer plea by arguing that the father of the petitioner-husband is a practicing advocate in Ludhiana and therefore, she is apprehending danger at the hands of the petitioner and his family members at Ludhiana

Having regard to the circumstances of the present case, the Court noted that when the health condition of the petitioner-husband has not been denied by the respondent-wife, it would most just and proper that the present transfer petition be allowed.

"No doubt, the preponderance of law in suchlike cases is in favour of the wife. However, it is not the case that transfer is always allowed in favor of the wife," the Court added as it allowed husband plea.

Thus, in the exceptional circumstances of the present case, the Court allowed the petition, subject to the following conditions:-

a) Civil Suit No.973 of 2019 filed by respondent No.1- wife pending in the Court of Civil Judge, Junior Division, Gurdaspur is transferred to a court of competent jurisdiction at Ludhiana.

b) The ld. District Judge, Gurdaspuris directed to transfer complete record pertaining to the aforesaid case to District Judge, Ludhiana.

c) The parties, through their counsel, are directed to appear before the District & Sessions Judge, Ludhiana on 24.02.2023. d) The District Judge, Ludhianawill assign the said petition to the Court of competent jurisdiction.

Further, the Court also directed the concerned Court at Ludhiana will make all endeavors to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties.

Case title - Rupinder Singh vs. Kiran and anr [TA No.326 of 2020(O&M)]

Case Citation: 2023 LiveLaw (PH) 24

Click Here To Read/Download Order