IN TH 107 Jasvir Kau Anmol Ra CORAM: Present:- NIDHI GU 1. wife is for respondent 1955 (for s (Annexure Family Co Malerkotla 2. i) ii) TA-356-2026 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Transfer Application No Date of decision :-15.05 ir Kaur Versus ol Rattan AM:- HON'BLE MS. JUSTICE NI Ms. Arzoo Modi, Advocate for the applicant. HI GUPTA J. (Oral) Prayer in this Transfer Applic is for transfer of the petition bearing N ndent-husband under Section 13 of (for short ‘the Act’) titled as “Anmo exure P-1) pending in the Court of A ily Court, Ludhiana to a Court of c rkotla. Learned counsel for the applic That the parties were married to Sikh rites and rituals. That a male child was born 18.8.2025, and is in the c applicant. 1 UNJAB AND HARYANA IGARH ion No.356 of 2026 (O & M) .05.2026 …..Applicant …..Respondent E NIDHI GUPTA Application filed by applicant- aring No.HMA/45/2026 filed by 13 of the Hindu Marriage Act, Anmol Rattan Vs. Jasvir Kaur” t of Additional Principal Judge, rt of competent jurisdiction at applicant submits :- arried on 12.10.2024 according s born out of this wedlock on the care and custody of the VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document iii) iv) v) vii) 3. transfer of 4. 5. position in this regard N.C.V. Ais (SC) 627, w TA-356-2026 (O & M) iii) That the applicant-wife is li respondent-husband since 04.9 parents at their mercy at V Malerkotla. iv) That the applicant is unemplo income and totally dependent respondent-husband is not towards maintenance. That the distance between p applicant-wife i.e. Malerko proceedings under Section 1 respondent-husband, pending Principal Judge, Family Cou kilometers on one side. vii) That there is no proficient ma applicant who can accompa proceedings at Ludhiana. It is inter alia on these groun fer of the case, as detailed in para 1 ab I have heard learned counsel fo Besides the facts as notice in such like cases as the present o regard, judgment of the Hon’ble Su V. Aishwarya vs A.S. Saravana Kar , wherein the Hon’ble Supreme Co “9. The cardinal principle for ex section 24 of the Code of Civil Pro justice should demand the transfe other proceeding. In matrimonial m are called upon to consider the ple have to take into consideration the both the parties, the social strata behavioural pattern, their standa marriage and subsequent thereto a 2 e is living separately from the ce 04.9.2025 and living with her at Village Sarwarpur, District nemployed, having no source of endent upon her parents and the not paying anything to her een place of residence of the alerkotla and the place of ion 13 of the Act, filed by the ending before the Additional y Court, Ludhiana, is about 50 nt male member in the family of mpany her to the Court of grounds that applicant prays for ra 1 above. nsel for the applicant. noticed hereinabove, the legal esent one, is well established. In ble Supreme Court rendered in a Karthik Sha,” 2022 Live Law eme Court has held as under:- for exercise of power under il Procedure is that the ends of transfer of the suit, appeal or onial matters, wherever Courts the plea of transfer, the Courts on the economic soundness of strata of the spouses and their standard of life prior to the ereto and the circumstances of VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document 6. “Sumita S Kishor Pa wherein th deciding th weightage litigants an should ord convenienc litigants un 7. aforesaid p considering of the wife the custody physical h important t without ass TA-356-2026 (O & M) both the parties in eking out the whose protective umbrella the sustenance to life. Given the pr paradigm in the Indian society, g convenience which must be look transfer. 10. Further, when two or more pro different Courts between the sam common question of fact and law, in the cases are interdependent, should be tried together by the sam multiplicity in trial of the same decisions.” Further reliance can be place ita Singh vs Kumar Sanjay”, 20 or Pardeshivs Kishor Babulal Pard ein the Hon’ble Supreme Court h ing the transfer application, the Court htage and consideration to the co nts and transfer of legal proceedings ld ordinarily be allowed, taking enience and the Courts should de nts under undue hardships.” Even this Court in number o said principle of law. Accordingly, i idering the transfer of a matrimonial d e wife, the Court is to consider the fam ustody of the minor child, economic ical health and earning capacity o rtant the convenience of the wife i.e out assistance of a male member of h 3 ut their livelihood and under la they are seeking their the prevailing socioeconomic iety, generally, it is the wife's looked at while considering ore proceedings are pending in he same parties which raise d law, and when the decisions dent, it is desirable that they the same Judge so as to avoid same issues and conflict of e placed upon the judgments in ”, 2002 SC 396 and “Rajani Pardeshi”, 2005(12) SCC 237, ourt has observed that “while Courts are required to give more he convenience of the female dings from one Court to another aking into consideration their ld desist from putting female mber of cases has followed the gly, it is well settled that while onial dispute/case, at the instance the family condition of the wife, nomic condition of the wife, her city of the husband and most ife i.e. she cannot travel alone er of her family, connectivity of VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document the place to the litigatio 8. the fact tha of staying applicant- transportati the respon view of th Kishor Pa (supra) pas appropriate conditions: 9. endeavour TA-356-2026 (O & M) lace to and fro from her place of resid itigation charges and travelling expens After going through the entir act that issuance of notice to the respon aying further proceedings before the -wife will have to bear the portation expenses and in case, notice espondent-husband has to bear the of the judgments i.e. Sumita Sing or Pardeshi’s case (supra) and ra) passed by the Hon’ble Supreme C opriate to allow the present petition, itions:- a) The petition filed by r Section 13 of Act, be titled as “Anmol Rattan in the Court of Addition Court, Ludhiana is tr competent jurisdiction a b) The ld. District Judge transfer complete re aforesaid case to Distric c) The parties are direct District & Sessions 16.6.2026. d) The District Judge, Mal petition to the Court of c The concerned Court at avour to refer the case before the M 4 f residence as well as bearing of xpenses. e entire paper-book, considering respondent has the consequences re the trial Court, otherwise the r the litigation expenses and notice of motion is issued, even r the litigation expenses and in a Singh’s case (supra), Rajani and N.C.V. Aishwarya’s case reme Court, this Court deems it etition, subject to the following d by respondent husband under ct, bearing No. HMA/45/2026 Rattan vs. Jasvir Kaur”, pending dditional Principal Judge, Family is transferred to a Court of ction at Malerkotla. Judge, Ludhiana is directed to record pertaining to the District Judge, Malerkotla. directed to appear before the ssions Judge, Malerkotla on Malerkotla will assign the said urt of competent jurisdiction. at Malerkotla will make all the Mediation and Conciliation VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document Centre for between th 10. between th calendar m 11. this petition 12. ordinate Be Nitin Tal Gurvinder Karmajit S TA-356-2026 (O & M) re for exploring the possibility of s een the parties. The Court concerned, where een the parties, will accommodate th dar month. However, liberty is granted to etition, if he intends to contest the sam (a) The respondent will maintenance amount, petition filed by the app 125 Cr.P.C. or Secti Violence Act or Section Act. (b) The respondent will undertaking to pay R applicant for attending District Courts, Ludhia of hearing. (c) The respondent will b Rs.25,000/-, drawn in fa the litigation expenses District Ludhiana in ca contest this petition. I am supported by the deci ate Bench of this Court in TA No. 13 Talwar; TA No. 1322 of 20 vinderjeet Singh; and TA No. 132 ajit Singh. 5 y of some amicable settlement where the litigation is pending date them with one date in one nted to the respondent to revive the same, provided that:- will clear all arrears of ount, if any, in terms of any applicant either under Section Section 12 of the Domestic ection 24 of the Hindu Marriage will file an affidavit giving ay Rs.1,000/- per day, to the nding the Court proceedings at udhiana on each and every date ill bring a demand draft of n in favour of applicant, towards penses to pursue the case at in case the respondent opts to e decisions rendered by a Co- No. 1315/2022, Rohini Arora v f 2022, Jaswinder Kaur v . 1323 of 2022, Usha Rani v VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document 13. disposed of these pecu parties bef directed t registered p Judges con present in t May 15, 20 Vijay Asija Whether spea Whether Repo TA-356-2026 (O & M) As already noticed above, s sed of without issuing notice to the r peculiar circumstances, in order to es before the District Judge, Maler ted that a copy of this order be sent tered post, besides sending a copy o es concerned through e-mail. Applic nt in the Court, is directed to ensure h Disposed of. Pending application(s), if any, , 2026 r speaking/reasoned Yes / No r Reportable Yes / No 6 ove, since the petition is being o the respondent, accordingly, in der to ensure appearance of the Malerkotla on 16.6.2026, it is e sent to the respondent through opy of this order to the District Applicant through her counsel, sure her appearance accordingly. if any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document