IN THE HIGH COURT OF PUNJAB AND HARYANA 108 Reetu Rani Omveer CORAM: Present:- NIDHI GUPTA J. (Oral) 1. transfer of the petition 13(i) & (ai) of the Hindu Marriage Act,1955 (for short ‘the Act’) bearing No. HMA/168/2026 titled as “Omveer vs. Reetu” (Annexure P competent jurisdiction at Yamuna Nagar, Haryana. 2. i) ii) Transfer Application No.714 of 2026 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application Date of decision :-27.05.2026 Reetu Rani Versus CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Ms. Nandini Gupta, Advocate for Mr. Sidhant Bhonsle, Advocate for the applicant. NIDHI GUPTA J. (Oral) Prayer in this petition filed by applicant transfer of the petition filed by respondent 13(i) & (ai) of the Hindu Marriage Act,1955 (for short ‘the Act’) bearing No. HMA/168/2026 titled as “Omveer vs. Reetu” (Annexure P-1) pending in the Family Court, Ambala to a Court competent jurisdiction at Yamuna Nagar, Haryana. Learned counsel for the applicant submits : That the parties were married on Hindu rites and rituals. That a male child was born out of this wedlock on 12.12.2025, who is in the care and custody of the applicant. 2026 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No.714 of 2026 (O & M) .05.2026 …..Applicant …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA s. Nandini Gupta, Advocate for Mr. Sidhant Bhonsle, Advocate filed by applicant-wife is for filed by respondent-husband under Section 13(i) & (ai) of the Hindu Marriage Act,1955 (for short ‘the Act’) bearing No. HMA/168/2026 titled as “Omveer vs. Reetu” 1) pending in the Family Court, Ambala to a Court of competent jurisdiction at Yamuna Nagar, Haryana. Learned counsel for the applicant submits :- the parties were married on 19.1.2025 according to That a male child was born out of this wedlock on 12.2025, 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. Transfer Application No.714 of 2026 (O & M) iii) That the applicant-wife is living separately from the respondent-husband since 26.1.2026 and living with her parents at their mercy at Yamuna Nagar, Haryana. iv) That the applicant is unemp income and totally dependent upon her parents and the respondent-husband, who is running a business in the name and style of ‘Brovet Labs’ at 58, New Palm Vihar, Near Ekta Vihar, Ambala Cantt. manufacture, supply and export of quality instruments namely, thermometer, hydrometer, lab glassware and dairy instruments for education, hospital, industry and research; and he earns around Rs.1,50,000/ Rs.2,00,000/- per month but or the minor child towards maintenance. That the proceedings arising out of : (a) criminal complaint against the respondent and his family members filed by the applicant-wife, are pending in the the Superintendent of Police vi) That the distance between place of residence of the applicant-wife i.e. Yamuna Nagar, Haryana and the place of proceedings under Section Act, filed by the respondent- Family Court, Ambala, is about 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. 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. 2026 (O & M) 2 wife is living separately from the husband since 26.1.2026 and living with her parents at their mercy at Yamuna Nagar, Haryana. That the applicant is unemployed, having no source of income and totally dependent upon her parents and the husband, who is running a business in the name and style of ‘Brovet Labs’ at 58, New Palm Vihar, mbala Cantt. , which deals in the pply and export of quality instruments namely, thermometer, hydrometer, lab glassware and dairy instruments for education, hospital, industry and research; and he earns around Rs.1,50,000/- to per month but not paying anything to her towards maintenance. That the proceedings arising out of :- criminal complaint against the respondent and his family members wife, are pending in the office of at Yamuna Nagar, Haryana. That the distance between place of residence of the wife i.e. Yamuna Nagar, Haryana and the place of proceedings under Section 13(i) & (ai) of the -husband, pending before the Family Court, Ambala, is about 61 kilometers on one That there is no proficient male member in the family of applicant who can accompany her to the Court of on these grounds that applicant prays for case, as detailed in para 1 above. I have heard learned counsel for the applicant. VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document 5. position in such like 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 under: 6. “Sumita Singh vs Kumar Sanjay”, 2002 SC 396 Kishor Pa 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 a should ordinarily be allowed, taking into consideration their Transfer Application No.714 of 2026 (O & M) 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 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 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 convenience which must be looked at 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 that they 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 2026 (O & M) 3 Besides the facts as noticed hereinabove, the legal 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:- 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 circumstances of oth 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 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 ould 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 rdeshivs 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 nd transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their VIJAY ASIJA 2026.05.29 09.02 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 wife, the custody of t 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 the litigation charges and travelling expenses. 8. the fact that issuance of notice to the respondent has the consequences of staying fur 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 following conditions: Transfer Application No.714 of 2026 (O & M) convenience and the Courts should desist from putting female litigants under undue hardships.” Even this Court in number o 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 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 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 of 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 and in 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 following tions:- a) The petition filed by respondent husband under Section 13(i) & (ai) HMA/168/2026 titled as 2026 (O & M) 4 convenience and the Courts should desist from putting female 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, at the instance of the wife, the Court is to consider the family condition of the wife, he 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 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 ther 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 13(i) & (ai) of Act, bearing No. titled as ‘Omveer vs. Reetu’, VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document 9. make all endeavour to refer the case before the Mediation and Conciliation Cent settlement between the parties. 10. between the parties, will accommodate them with one date in one calendar month. 11. this petition, if he intends to contest the same, provided that: Transfer Application No.714 of 2026 (O & M) pending in the Family Court, Ambala is transferred to a Court of competent jurisdiction at Yamuna Nagar, Haryana. b) The ld. District Judge, transfer complete record pertaining to the aforesaid case to District Judge, Haryana. c) The parties are directed to appear before the District & Sessions Judge Haryana on 23.7.2026. d) The District Judge, Yamuna Nagar, Haryana assign the said petition to the Court of competent jurisdiction. The concerned Court at Yamuna Nagar, Haryana 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 any, in terms of any 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 2026 (O & M) 5 pending in the Family Court, Ambala is transferred to a Court of competent jurisdiction at Yamuna Nagar, Haryana. The ld. District Judge, Ambala is directed to record pertaining to the aforesaid case to District Judge, Yamuna Nagar, The parties are directed to appear before the District & Sessions Judge, Yamuna Nagar, .2026. Yamuna Nagar, Haryana will assign the said petition to the Court of competent Yamuna Nagar, Haryana will make all endeavour to refer the case before the Mediation and re for exploring the possibility of some amicable The Court concerned, where the litigation is pending between the parties, will accommodate them with one date in one ed 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 ection 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 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, Jaswinder Kaur v Gurvinderjeet Singh Karmajit Singh. 13. 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, Yamuna Nagar, Haryana on 23.7.2026 respondent through registered post, besides sending a copy of this order to the District Judges concerned through e through her counsel, present in the Court, is directed to ensu appearance accordingly. May 27, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No Transfer Application No.714 of 2026 (O & M) District Courts, Ambala hearing. (c) The respondent will bring a demand draft of Rs.25,000/-, drawn in favour of applicant, the litigation expenses District Ambala in case the respondent 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, Jaswinder Kaur v 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 ensure appearance of the parties before the District Judge, Yamuna Nagar, Haryana on 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 through her counsel, present in the Court, is directed to ensu appearance accordingly. Disposed of. Pending application(s), if any, stands disposed of. , 2026 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 2026 (O & M) 6 Ambala on each and every date of will bring a demand draft of , drawn in favour of applicant, towards expenses to pursue the case at in case the respondent opts to orted 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, Yamuna Nagar, Haryana on , 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-mail. Applicant through her counsel, present in the Court, is directed to ensure her 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