IN THE HIGH COURT OF PUNJAB AND HARYANA 157 Simranjeet Kaur Mandeep CORAM: Present:- NIDHI GUPTA J. (Oral) 1. wife is for transfer of the petition Section 13 of the Hindu Marriage Act,1955 (for short ‘the Act’) bearing No.HMA/281/2025 titled as “Mandeep Singh vs. Simranjeet Kaur” (Annexure P Court of competent jurisdiction at Amritsar. 2. i) ii) iii) Transfer Application No.1640 of 2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application Date of decision :-21.05.2026 Simranjeet Kaur Versus Mandeep Singh CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Gauravjit S. Patwalia, Advocate for the applicant. Mr. Vikas Gupta, Advocate for the respondent. NIDHI GUPTA J. (Oral) Prayer in this Transfer Application is for transfer of the petition filed by respondent Section 13 of the Hindu Marriage Act,1955 (for short ‘the Act’) bearing No.HMA/281/2025 titled as “Mandeep Singh vs. Simranjeet Kaur” (Annexure P-1) pending in the Family Court, Tarn Taran to a Court of competent jurisdiction at Amritsar. Learned counsel for the applicant has contended : That the parties were married on Sikh rites and rituals. That a female child was bo 27.6.2022, who 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 Amritsar. 1640 of 2025 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No.1640 of 2025 (O & M) .05.2026 …..Applicant …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA Gauravjit S. Patwalia, Advocate Mr. Vikas Gupta, Advocate for the respondent. Transfer Application filed by applicant- filed by respondent-husband under Section 13 of the Hindu Marriage Act,1955 (for short ‘the Act’) bearing No.HMA/281/2025 titled as “Mandeep Singh vs. Simranjeet mily Court, Tarn Taran to a Court of competent jurisdiction at Amritsar. Learned counsel for the applicant has contended :- the parties were married on 02.3.2020 according to That a female child was born out of this wedlock on 27.6.2022, who in the care and custody of the applicant. wife is living separately from the husband and living with her parents at their VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document iv) v) vi) vii) 3. transfer of the 4. controvert the above said facts, however, oppose the prayer made by learned counsel for the applicant regarding transfer of the proceeding under Section 13 of the Act, filed by the respondent Court of competent jurisdiction at Tarn Taran on the ground that the present Transfer Application has been filed just to harass the respondent Transfer Application No.1640 of 2025 (O & M) iv) That the applicant is unemployed 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 Section 125 Cr.P.C. bearing No.MNT125/431/2025; and (c) FIR No.78 dated 08.10.2025 under Sections 85 and 316(2) BNS, registered at Police Station Women, Police commissionerate Amritsar (Annexure P filed by the applicant-wife, are pending in t having competent jurisdiction at Amritsar. vi) That the distance between place of residence of the applicant-wife i.e. Amritsar and the place of proceedings under Section 13 of the Act, filed by the respondent husband, pending before the Family is about 40 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 Tarn Taran. It is inter alia on these grounds that applicant transfer of the case, as detailed in para 1 above. Learned counsel for the respondent is not in a position to controvert the above said facts, however, oppose the prayer made by learned counsel for the applicant regarding transfer of the proceeding under Section 13 of the Act, filed by the respondent Court of competent jurisdiction at Tarn Taran on the ground that the present Transfer Application has been filed just to harass the respondent-husband. 1640 of 2025 (O & M) 2 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 petitions :- under Section 125 Cr.P.C. bearing No.MNT125/431/2025; and FIR No.78 dated 08.10.2025 under Sections 85 and 316(2) BNS, registered at Police Station Women, Police commissionerate Amritsar (Annexure P-6), wife, are pending in the Courts having competent jurisdiction at Amritsar. That the distance between place of residence of the wife i.e. Amritsar and the place of proceedings under Section 13 of the Act, filed by the respondent- husband, pending before the Family Court, Tarn Taran, is about 40 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. Learned counsel for the respondent is not in a position to controvert the above said facts, however, oppose the prayer made by learned counsel for the applicant regarding transfer of the proceedings under Section 13 of the Act, filed by the respondent-husband to the Court of competent jurisdiction at Tarn Taran on the ground that the present Transfer Application has been filed just to harass the VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document 5. the case file. 6. is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in Sha,” 2022 Live Law (SC) 627 Hon’ble Supreme Court has held as under: 7. “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 applicati weightage and consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another Transfer Application No.1640 of 2025 (O & M) I have heard learned counsel the case file. 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 022 Live Law (SC) 627, is most relevant 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 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 both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevaili 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 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 1640 of 2025 (O & M) 3 I have heard learned counsel for the parties and perused The legal position in such like cases as the present one, is well established. In this regard, judgment of the Hon’ble Supreme N.C.V. Aishwarya vs A.S. Saravana Karthik , is most relevant 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 havioural 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 while considering 10. Further, when two or more proceedings are pending in different Courts between the same parties which raise on 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 er 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 on, 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 VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document should ordinarily be allowed, taking into consideration their convenience and the Co litigants under undue hardships.” 8. aforesaid principle of law. Accordingly, it is well settled that while considering the transfer of a matrimonial dispu 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 t 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. 9. i.e. Sumita Singh’s (supra) and Supreme Court, this Court deems it appropriate to allow the present petition, subject Transfer Application No.1640 of 2025 (O & M) 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 considering the transfer of a matrimonial dispu 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. 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 Hindu Marriage Act,1955, bearing No. HMA/281/2025 titled as ‘Mandeep Singh vs. Simranjeet Kaur’ (Annexure P Family Court, Tarn Taran is transf of competent jurisdiction at Amritsar. b) The learned District Judge, to transfer complete aforesaid case to District Judge, 1640 of 2025 (O & M) 4 should ordinarily be allowed, taking into consideration their urts 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, the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most he 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 to the following conditions:- The petition filed by respondent husband under Section 13 of Hindu Marriage Act,1955, bearing No. HMA/281/2025 titled as ‘Mandeep Singh vs. Simranjeet Kaur’ (Annexure P-1), pending in the Family Court, Tarn Taran is transferred to a Court of competent jurisdiction at Amritsar. District Judge, Tarn Taran is directed complete record pertaining to the aforesaid case to District Judge, Amritsar. VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document 8. endeavour to refer the case before the Mediation and Conci Centre for exploring the possibility of some amicable settlement between the parties. 9. 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 Kaur v Gurvinderjeet Singh Karmajit Singh. May 21, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No Transfer Application No.1640 of 2025 (O & M) c) The parties are directed to appear before the District & Sessions Judge d) The District Judge, Amritsar petition to the Court of competent jurisdiction The concerned Court at endeavour to refer the case before the Mediation and Conci Centre for exploring the possibility of some amicable settlement between the parties. The Court concerned, where the litigation pending 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 Kaur v 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 Whether Reportable Yes / No 1640 of 2025 (O & M) 5 The parties are directed to appear before the ict & Sessions Judge, Amritsar on 24.6.2026. Amritsar will assign the said petition to the Court of competent jurisdiction. The concerned Court at Amritsar 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 pending between the parties, will accommodate them with one date in one ecisions 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 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