IN THE HIGH COURT OF PUNJAB AND HARYANA 109 Amarpreet Kaur Tarik Khanna CORAM: Present:- NIDHI GUPTA J. (Oral) 1. transfer of the petition of the Hindu Marriage Act,1955 (for short ‘the Act’) bearing No. HMA/1076/2025 titled as “Tarik Khanna vs. Amarpreet Kaur” (Annexure P (Haryana) to a Court of competent jurisdiction at Kharar, District SAS Nagar (Mohali), Punjab. 2. i) ii) Transfer Application No.715 of 2026 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application Date of decision :-27.05.2026 Amarpreet Kaur Versus Khanna CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Veeraj Sharma, Advocate for Mr. Balwinder Singh Chahal, Advocate for the applicant. 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’) bearing No. HMA/1076/2025 titled as “Tarik Khanna vs. Amarpreet Kaur” (Annexure P-1) pending in the learned Family Court, Ambal (Haryana) to a Court of competent jurisdiction at Kharar, District SAS Nagar (Mohali), Punjab. Learned counsel for the applicant submits : That the parties were married on Sikh rites and rituals. That a male child was born out of this wedlock on 02.5.2019, who is in the care and custody of the applicant. 715 of 2026 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No.715 of 2026 (O & M) .05.2026 …..Applicant …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA Veeraj Sharma, Advocate for Mr. Balwinder Singh Chahal, Advocate filed by applicant-wife is for filed by respondent-husband under Section 9 of the Hindu Marriage Act,1955 (for short ‘the Act’) bearing No. HMA/1076/2025 titled as “Tarik Khanna vs. Amarpreet Kaur” 1) pending in the learned Family Court, Ambala (Haryana) to a Court of competent jurisdiction at Kharar, District Learned counsel for the applicant submits :- the parties were married on 17.6.2018 according to le child was born out of this wedlock on 02.5.2019, who is in the care and custody of the VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document iii) iv) v) vi) vii) 3. transfer of the 4. 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 Transfer Application No.715 of 2026 (O & M) iii) That the applicant-wife is living separately from the respondent-husband since 31.8.2023 and living with her parents at their mercy at Kharar, Distri (Mohali), Punjab. 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 pe (a) under the Protection of Women from Domestic Violence Act, 2005 bearing No.COMA/120/2024; filed by the applicant-wife, are pending in the Courts having competent jurisdiction at Kharar, District SAS Nagar (Mohali), Punjab. vi) That the distance between place of residence of the applicant-wife i.e. Kharar, District SAS Nagar (Mohali), Punjab and the place of proceedings under Section 9 of the Act, filed by the respondent the learned Family Court, Ambala (Haryana), kilometers on one side. vii) That there is no proficient male member in the family of applicant who can accompany her to the Court of proceedings at Ambala (Haryana) and because of minor child she cannot travel. It is inter alia on these grounds that applicant transfer of the case, as detailed in para 1 above. I have heard learned counsel for the applicant. Besides the facts as noticed hereinabove, the legal in such like cases as the present one, is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in 715 of 2026 (O & M) 2 wife is living separately from the husband since 31.8.2023 and living with her parents at their mercy at Kharar, District SAS Nagar That the applicant 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 petition :- under the Protection of Women from Domestic Violence Act, 2005 bearing No.COMA/120/2024; wife, are pending in the Courts having competent jurisdiction at Kharar, District SAS distance between place of residence of the wife i.e. Kharar, District SAS Nagar (Mohali), Punjab and the place of proceedings under Section 9 of the Act, filed by the respondent-husband, pending before the learned Family Court, Ambala (Haryana), is about 65 That there is no proficient male member in the family of applicant who can accompany her to the Court of proceedings at Ambala (Haryana) and because of minor rounds that applicant prays for case, as detailed in para 1 above. I have heard learned counsel for the applicant. Besides the facts as noticed hereinabove, the legal in such like cases as the present one, is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022 Live Law (SC) 627, wherein the Hon’ble Supreme Court has held as under: 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 the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their 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 Transfer Application No.715 of 2026 (O & M) 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 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 the circum 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 desirable 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 the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their 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 715 of 2026 (O & M) 3 N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022 Live Law , wherein the Hon’ble Supreme Court has held as under:- 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 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 e 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 convenience and the Courts should desist from putting female in number of cases has followed the aforesaid principle of law. Accordingly, it is well settled that while VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document considering the transfer of a matrimonial dispute/case 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 the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses. 8. 8. the fact that issuance of notice to the respondent has the consequences of staying further proceedings before the trial Court, otherwise the applicant- transportation expenses and in case, notice of motion is issued, even the respondent view of the judgments i.e. Kishor Pardeshi’s (supra) passed by the Hon’ble Supreme Court, this Court deems it appropriate to allow the present petition, subject to the fol conditions: Transfer Application No.715 of 2026 (O & M) considering the transfer of a matrimonial dispute/case of the wife, the Court is to consider the family condition of the wife, 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 the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses. After going through the entire paper the fact that issuance of notice to the respondent has the consequences staying further proceedings before the trial Court, otherwise the -wife will have to bear the litigation expenses and transportation expenses and in case, notice of motion is issued, even the respondent-husband has to bear the litigation expenses view of the judgments i.e. Sumita Singh’s Kishor Pardeshi’s case (supra) and (supra) passed by the Hon’ble Supreme Court, this Court deems it appropriate to allow the present petition, subject to the fol conditions:- a) The petition filed by respondent husband under Section 9 of Act, bearing No. HMA/1076/2025 titled as “Tarik Khanna vs. Amarpreet Kaur”, pending in the learned Family Court, Ambala (Haryana) is transferred to a Court of competent jurisdiction at Kharar, District SAS Nagar (Mohali), Punjab. 715 of 2026 (O & M) 4 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, 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. After going through the entire paper-book, considering the fact that issuance of notice to the respondent has the consequences staying further proceedings before the trial Court, otherwise the wife will have to bear the litigation expenses and transportation expenses and in case, notice of motion is issued, even husband has to bear the litigation expenses and in Sumita Singh’s case (supra), Rajani case (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 The petition filed by respondent husband under Section 9 of Act, bearing No. HMA/1076/2025 titled as “Tarik Khanna vs. Amarpreet Kaur”, pending in the learned Family Court, Ambala (Haryana) is transferred to a Court of competent jurisdiction at Kharar, District SAS Nagar VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document 9. will make all 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 calendar month. 11. this petition, if he intends to contest the same, provided that: Transfer Application No.715 of 2026 (O & M) b) The ld. District Judge, directed to transfer complete the aforesaid case to District Judge, (Mohali), Punjab. c) The parties are directed t District & Sessions Judge Punjab on 23.7.2026. d) The District Judge, SAS Nagar (Mohali), Punjab will assign the said petition to the Court of competent jurisdiction The concerned Court at SAS Nagar (Mohali), will make all 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. However, liberty is granted to the respondent to revive this petition, if he intends to contest the same, provided that: (a) The respondent will clear all arrears of maintenance amount, if petition filed by the applicant 125 Cr.P.C. or Section 12 of the Domestic Violence Act or Section 24 of the Hindu Marriage Act. (b) The respondent will file an affidavit giving undertaking to pay Rs.1,000/ applicant for attending the Court proceedings at District Courts, Ambala (Haryana) every date of hearing. 715 of 2026 (O & M) 5 The ld. District Judge, Ambala (Haryana) is complete record pertaining to the aforesaid case to District Judge, SAS Nagar The parties are directed to appear before the District & Sessions Judge, SAS Nagar (Mohali), SAS Nagar (Mohali), Punjab will assign the said petition to the Court of competent jurisdiction. SAS Nagar (Mohali), Punjab will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable The Court concerned, where the litigation is pending accommodate them with one date in one However, liberty is granted to the respondent to revive this petition, if he intends to contest the same, provided that:- The respondent will clear all arrears of maintenance amount, if any, in terms of any applicant either under Section 125 Cr.P.C. or Section 12 of the Domestic Violence Act or Section 24 of the Hindu Marriage (b) The respondent will file an affidavit giving undertaking to pay Rs.1,000/- per day, to the for attending the Court proceedings at Ambala (Haryana) on each and VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document 12. ordinate Bench of this Court in Nitin Talwar; TA No. 1322 of 2022, Jaswi Gurvinderjeet Singh Karmajit Singh. 13. disposed of without issuing notice to the respondent, accordingly, in these peculiar circumstances, in order to parties before the District Judge, Kharar, District SAS Nagar (Mohali), Punjab on 23.7.2026, it is directed that a copy of this order be sent to the respondent through registered post, besides sending a copy of this order to the D Applicant through her counsel, present in the Court, is directed to ensure her appearance accordingly. May 27, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No Transfer Application No.715 of 2026 (O & M) (c) The respondent will bring a demand draft of Rs.25,000/-, drawn in favour of applicant, the litigation expenses District Ambala (Haryana) opts to contest this petition. 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, Jaswi Gurvinderjeet Singh; and TA No. 1323 of 2022, Usha Rani v Karmajit Singh. As already noticed above, since the petition is being disposed of without issuing notice to the respondent, accordingly, in these peculiar circumstances, in order to parties before the District Judge, Kharar, District SAS Nagar (Mohali), Punjab on 23.7.2026, it is directed that a copy of this order be sent to the respondent through registered post, besides sending a copy of this order to the District Judges concerned through e Applicant through her counsel, present in the Court, is directed to ensure her appearance accordingly. Disposed of. Pending application(s), if any, stands disposed of. , 2026 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 715 of 2026 (O & M) 6 will bring a demand draft of , drawn in favour of applicant, towards expenses to pursue the case at Ambala (Haryana) in case the respondent opts to contest this petition. 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 As already noticed above, since the petition is being disposed of without issuing notice to the respondent, accordingly, in these peculiar circumstances, in order to ensure appearance of the parties before the District Judge, Kharar, District SAS Nagar (Mohali), Punjab on 23.7.2026, it is directed that a copy of this order be sent to the respondent through registered post, besides sending a istrict Judges concerned through e-mail. Applicant through her counsel, present in the Court, is directed to Pending application(s), if any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document