In a matrimonial dispute, the Punjab and Haryana High Court granted relief to the husband, ruling that a transfer of a case cannot always be made in favor of the wife. The bench, consisting of Justice Nidhi Gupta, allowed the transfer request submitted by the husband, who was diagnosed with brain cancer, and ordered the transfer of a case filed by the wife from the court of Civil Judge, Junior Division, Gurdaspur, to the Ludhiana court. The wife had brought a suit for a Mandatory Injunction, directing the defendants (the husband) to return her articles to the court.
The husband petitioned the High Court seeking transfer of the case to a court of competent jurisdiction in Ludhiana on the grounds of his medical condition. The husband argued that his diagnosis with brain cancer made it impossible for him to travel. His counsel presented medical and treatment records, which confirmed the husband’s diagnosis with Oligodendroglioma Grade-II and documented multiple episodes of seizures. The records also indicated that following surgery, the husband was undergoing follow-up treatment, including radiotherapy.
The wife, as respondent No.1, opposed the husband’s transfer request and argued that the father of the husband, who is a practicing advocate in Ludhiana, presented a potential danger to her. The Court considered the circumstances of the case and acknowledged that the husband’s health condition was not disputed by the wife. The Court concluded that it was most just and proper to grant the transfer petition given the husband’s health condition.
“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.
Given the exceptional circumstances of the present case, the Court granted the petition subject to the following conditions:
- The transfer of Civil Suit No. 973 of 2019, filed by the wife as respondent No.1, from the court of Civil Judge, Junior Division, Gurdaspur, to a court of competent jurisdiction in Ludhiana was ordered.
- b) The Court directed the Senior District Judge of Gurdaspur to transfer the complete record related to the aforementioned case to the District Judge in Ludhiana.
- c) The parties were instructed, through their counsel, to appear before the District and Sessions Judge in Ludhiana on February 24, 2023.
- d) The District Judge in Ludhiana was directed to assign the case to a competent jurisdiction court.
Additionally, the Court ordered the concerned court in Ludhiana to make all efforts to refer the case to the Mediation and Conciliation Centre in an attempt to reach an amicable settlement between the parties.
Case title – Rupinder Singh vs. Kiran and anr [TA No.326 of 2020(O&M)]
