IN THE HIGH COURT OF PUNJAB AND HARYANA 234 Priyanka Parveen Grover CORAM: Present:- NIDHI GUPTA J. (Oral) 1. transfer of the petition of the Hindu Marriage Act,1955 (for short ‘the Act’) titled “Parveen Grover vs. Priyanka” (Annexure P Jind to a Court of competent jurisdiction at issued to the respondent has been received back served through his counsel before the trial Court, however, despite that nobody is appearing on behalf of respondent. Accordingly, this p being decided in his absence. 2. i) Transfer Application No.414 of 2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application Date of decision :-21.05.2026 Priyanka Versus Parveen Grover CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Kuldeep Singh Siwach, Advocate for the applicant. None for the respondent despite service. NIDHI GUPTA J. (Oral) Prayer in this petition filed by applicant transfer of the petition filed by respondent of the Hindu Marriage Act,1955 (for short ‘the Act’) titled “Parveen Grover vs. Priyanka” (Annexure P-1) pending in the Family Court, Jind to a Court of competent jurisdiction at As per office report dated 22.4.2026, fresh dasti notice issued to the respondent has been received back served through his counsel before the trial Court, however, despite that nobody is appearing on behalf of respondent. Accordingly, this p being decided in his absence. Learned counsel for the applicant has contended : That the parties were married on Hindu rites and rituals. 414 of 2025 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No.414 of 2025 (O & M) .05.2026 …..Applicant …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA Kuldeep Singh Siwach, Advocate None for the respondent despite service. filed by applicant-wife is for filed by respondent-husband under Section 13 of the Hindu Marriage Act,1955 (for short ‘the Act’) titled “Parveen 1) pending in the Family Court, Jind to a Court of competent jurisdiction at Fatehabad. As per office report dated 22.4.2026, fresh dasti notice issued to the respondent has been received back served through his counsel before the trial Court, however, despite that nobody is appearing on behalf of respondent. Accordingly, this petition is Learned counsel for the applicant has contended :- the parties were married on 25.2.2014 according to VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document ii) iii) iv) v) vi) vii) 3. transfer of the 4. Transfer Application No.414 of 2025 (O & M) That two male children were born out of the said wedlock on 20.11.2014 and 13.2.2017 respectively, who are in the care and custody of the applicant iii) That the applicant-wife is living separately from the respondent-husband and living with her parents at their mercy at Fatehabad. iv) That the applicant is unemployed, having no source of income and totally dependent upon her parents and the respondent-husband is not paying anything to her towards maintenance. That the proceedings arising out of petitions : (a) under the Protection of Women from Domestic Violence Act, 2005 bearing No.COMA/87/2024; (b) under Section 125 Cr.P.C. bearing No.MNT/88/2024; and (c) FIR No.0034 dated 03.9.2024 under Sections 323, 406, 498 registered at Women Police Station, Fatehabad. filed by the applicant-wife, are pending in the Courts having competent jurisdiction at Fatehabad. vi) That the distance between place of residence of the applicant-wife i.e. Fatehabad and the place of proceedings under Section 13 of the Act, filed by the respondent-husband, pending before the Family Court, Jind, is about 110 kilometers on one side. vii) That there is no proficient male member in the family of the applicant, who can accompany her to the Court of proceedings at Jind. It is inter alia on these grounds th transfer of the case, as detailed in para 1 above. I have heard learned counsel for the applicant. 414 of 2025 (O & M) 2 That two male children were born out of the said on 20.11.2014 and 13.2.2017 respectively, who are in the care and custody of the applicant-wife. wife is living separately from the husband and living with her parents at their t is unemployed, having no source of income and totally dependent upon her parents and the husband is not paying anything to her That the proceedings arising out of petitions :- under the Protection of Women from Domestic Violence Act, 2005 bearing No.COMA/87/2024; under Section 125 Cr.P.C. bearing No.MNT/88/2024; and FIR No.0034 dated 03.9.2024 under Sections 323, 406, 498-A and 506 IPC, registered at Women Police Station, wife, are pending in the Courts having competent jurisdiction at Fatehabad. That the distance between place of residence of the wife i.e. Fatehabad and the place of proceedings under Section 13 of the Act, filed by the nd, pending before the Family Court, Jind, is about 110 kilometers on one side. That there is no proficient male member in the family of the applicant, who can accompany her to the Court of It is inter alia on these grounds that applicant prays for case, as detailed in para 1 above. I have heard learned counsel for the applicant. VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document 5. position in such like cases as the present one, is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022 Live Law (SC) 627, wherein the Hon’ble Supreme Court has held as un 6. “Sumita Singh vs Kumar Sanjay”, 2002 SC 396 Kishor Pardeshivs Kishor Babulal Pardeshi”, 2005(12) SCC 237 wherein the Hon’ble Supreme Court has observed that “while deciding the transfer application, the Courts are required to give more weightage and consideration to the convenience of litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their Transfer Application No.414 of 2025 (O & M) Besides the facts as noticed hereinabove, the legal position in such like cases as the present one, is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022 Live Law , wherein the Hon’ble Supreme Court has held as un “9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer. 10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.” Further reliance can be placed upon the “Sumita Singh vs Kumar Sanjay”, 2002 SC 396 Kishor Pardeshivs Kishor Babulal Pardeshi”, 2005(12) SCC 237 wherein the Hon’ble Supreme Court has observed that “while deciding the transfer application, the Courts are required to give more weightage and consideration to the convenience of litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their 414 of 2025 (O & M) 3 Besides the facts as noticed hereinabove, the legal position in such like cases as the present one, is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022 Live Law , wherein the Hon’ble Supreme Court has held as under:- “9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts o consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's ich must be looked at while considering 10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of Further reliance can be placed upon the judgments in “Sumita Singh vs Kumar Sanjay”, 2002 SC 396 and “Rajani Kishor Pardeshivs Kishor Babulal Pardeshi”, 2005(12) SCC 237, wherein the Hon’ble Supreme Court has observed that “while deciding the transfer application, the Courts are required to give more weightage and consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document convenience and the Courts should desist from putting female litigants under undue hardships.” 7. aforesaid principle of law. Accordingly, it is well settled that while considering the transfer of a matrimonial dispute/case of the wife, the Court is to consider the family condition of the the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important the convenience of the wife i.e. she cannot travel alone without assistance of a male member of her family, con the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses. 8. i.e. Sumita Singh’s (supra) and Supreme Court, this Court deems it appropriate to allow the present petition, subject to the following conditions: Transfer Application No.414 of 2025 (O & M) convenience and the Courts should desist from putting female litigants under undue hardships.” Even this Court in number of cases has followed the aforesaid principle of law. Accordingly, it is well settled that while considering the transfer of a matrimonial dispute/case of the wife, the Court is to consider the family condition of the the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important the convenience of the wife i.e. she cannot travel alone without assistance of a male member of her family, con the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses. In view of the facts mentioned above and the Sumita Singh’s case (supra), Rajani Kishor Pardeshi’s (supra) and N.C.V. Aishwarya’s case (supra) passed by the Hon’ble Supreme Court, this Court deems it appropriate to allow the present petition, subject to the following conditions: a) The petition filed by respondent husband under Section 13 of Act, bearing HMA/65/2024 titled as “Parveen Grover vs. Priyanka”, pending in the Family Court, Jind is transferred to a Court of competent jurisdiction at Fatehabad. b) The ld. District Judge, complete record pertaining to the afo District Judge, Fatehabad. c) The parties are directed to appear before the District & Sessions Judge 24.6.2026. 414 of 2025 (O & M) 4 convenience and the Courts should desist from putting female this Court in number of cases has followed the aforesaid principle of law. Accordingly, it is well settled that while considering the transfer of a matrimonial dispute/case, at the instance of the wife, the Court is to consider the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important the convenience of the wife i.e. she cannot travel alone without assistance of a male member of her family, connectivity of the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses. facts mentioned above and the judgments Rajani Kishor Pardeshi’s case case (supra) passed by the Hon’ble Supreme Court, this Court deems it appropriate to allow the present petition, subject to the following conditions:- The petition filed by respondent husband under bearing HMA/65/2024 titled as “Parveen Grover vs. Priyanka”, pending in the Family Court, Jind is transferred to a Court of competent jurisdiction at Fatehabad. The ld. District Judge, Jind is directed to transfer record pertaining to the aforesaid case to Fatehabad. The parties are directed to appear before the District & Sessions Judge, Fatehabad on VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document 9. endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties. 10. between the parties, will accommodate them with one date in one calendar month. 11. ordinate Bench of this Court in Nitin Talwar; TA No. 1322 of 2022, Jaswinder Kau Gurvinderjeet Singh Karmajit Singh. May 21, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No Transfer Application No.414 of 2025 (O & M) d) The District Judge, Fatehabad petition to the Court of competent jurisdiction The concerned Court at endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties. The Court concerned, where the litigation between the parties, will accommodate them with one date in one calendar month. I am supported by the decisions rendered by a Co ordinate Bench of this Court in TA No. 1315/2022, Rohini Arora v Nitin Talwar; TA No. 1322 of 2022, Jaswinder Kau Gurvinderjeet Singh; and TA No. 1323 of 2022, Usha Rani v Karmajit Singh. Disposed of. Pending application(s), if any, stands disposed of. , 2026 Whether speaking/reasoned Yes / No Reportable Yes / No 414 of 2025 (O & M) 5 Fatehabad will assign the said petition to the Court of competent jurisdiction. oncerned Court at Fatehabad will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement The Court concerned, where the litigation is pending between the parties, will accommodate them with one date in one I am supported by the decisions rendered by a Co- TA No. 1315/2022, Rohini Arora v Nitin Talwar; TA No. 1322 of 2022, Jaswinder Kaur v TA No. 1323 of 2022, Usha Rani v Pending application(s), if any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document