TA-544-202 IN THE HIG 106 Bhanwar Sin Sudesh CORAM: H Present: - NIDHI GUP 1. law of the re wife under S Violence Ac Bhanwar Sin P-1) pending Magistrate, J 2. that:- 2024 (O&M) -1- E HIGH COURT OF PUNJAB AND HA TA-54 Date o ar Singh and another Versus M: HON'BLE MS. JUSTICE NIDH Mr. Krishan Kumar, Advocate Mr. Hemen Aggarwal, Advocat for the respondent (through V.C I GUPTA, J. (ORAL) Prayer in this petition filed by the respondent-wife is for transfer of nder Section 12 of the the Protectio ce Act, 2005 (for short -‘the DV ar Singh and another’ bearing No. ending adjudication before the learn trate, Jhajjar to a Court of competent ju Learned counsel for the petit i) Marriage of petitioner No solemnized on 08.06.200 ii) One girl child was born 03.05.2005 who is presen the respondent-wife. iii) One son born out of peti is in the care of petitioner ND HARYANA AT CHANDIGARH 544-2024 (O&M) Date of Decision: 19.05.2026 .…Petitioners .... Respondent NIDHI GUPTA ocate for the petitioners. dvocate gh V.C.). led by the husband and mother-in- sfer of petition filed by respondent- otection of Women from Domestic e DV Act’) titled as ‘Sudesh vs. No. DV ACT/54/2019 (Annexure learned Additional Chief Judicial etent jurisdiction at Sonipat. e petitioners, inter alia, submits ner No. 1 with the respondent was 6.2004. born out of the said wedlock on presently in the care and custody of petitioner No. 1’s first marriage itioner No. 1. estic vs. xure icial RISHU KATARIA 2026.05.22 17:13 I attest to the accuracy and authenticity of this order/judgment. TA-544-202 3. allowed and pending ad Magistrate, J Sonipat. 4. appearing th counsel for and submits minor daugh 5. have heard l the case file. petitioner. 6. the complain provisions o Judicial Mag husband is learned cou 2024 (O&M) -2- iv) Due to matrimonial dis residing separately. iv) The distance between pla No. 1-husband i.e. So proceedings filed by the before the learned Famil kilometers on one side. It is accordingly, prayed that d and petition bearing No. DV A g adjudication before the learned trate, Jhajjar be transferred to the Cou Per Contra, learned counse ring through V.C. vehemently oppose el for the petitioner and prays for dis bmits that the respondent-wife is sing daughter. No other argument has been ma eard learned counsel for the petitione se file. I find no merit in the submissio It is contention of learned cou mplaint (Annexure P-1) filed by the ions of the DV Act, pending before t al Magistrate, Jhajjar deserves to be tra nd is suffering from serious health d counsel refers to the Medical C ial discord the parties are now en place of residence of petitioner .e. Sonipat and the place of by the respondent-wife, pending Family Court, Jhajjar is about 70 side. that the present petition may be V ACT/54/2019 (Annexure P-1) earned Additional Chief Judicial e Court of competent jurisdiction at counsel for the respondent-wife opposes the submissions of learned or dismissal of the present petition is singlehandedly taking care of the een made on behalf of the parties. I titioner and carefully gone through missions advanced on behalf of the d counsel for the petitioners that by the respondent-wife under the efore the learned Additional Chief be transferred as, petitioner No. 1 health problems. In this regard, cal Certificate dated 11.03.2023 be 1) icial n at wife rned ition f the RISHU KATARIA 2026.05.22 17:13 I attest to the accuracy and authenticity of this order/judgment. TA-544-202 (Annexure P as under:- 7. 2023 and at No. 1 in und for the petiti for the petiti respondent Complaint b However, ag 2022. 8. unable to de travel to Jha only on the made out to 9. transfer of a condition of of the wife, 2024 (O&M) -3- xure P-2) issued by the Indian Spinal “This is to certify that Mr years/male presented in the O Centre on 25/02/2023, (UHID low back pain, left lower lim evaluated and diagnosed as intervertebral disc for which he with supportive treatment. He w 25/02/23 to 10/03/2023. On e join light duties on 11/03/2 travelling for long distance and On a Court query that the sai and at present what is the physical undertaking travel of a short distanc e petitioner has ‘no reply’. It is then petitioners that petitioner No. 1/husba ent-side, in respect of which petitio laint bearing Dairy No. 189-5D dated ver, again the said complaint (Annex From the facts noted above, it i to demonstrate any cogent reason a Jhajjar to attend to the proceeding n the dates of hearing. In this situa out to transfer the case from Jhajjar to In any event, it is well settled r of a matrimonial dispute/case, the C ion of the wife, the custody of the min wife, her physical health and earning pinal Injuries Centre, which reads Mr. Bhanwar Singh, age 46 e OPD at Indian Spinal Injuries ID – 531220), with complaints of r limb radiculopathy . He was as operated case of Prolapsed h he was managed conservatively He was advised medical rest from n examination today he is fit to 03/2023 and advised to avoid and sitting for long time.” he said report pertains to the year ysical infirmity faced by petitioner istance of 70 Kms., learned counsel then submitted by learned counsel /husband also faces threats from the petitioner No. 1 had filed a Police dated 03.05.2022 (Annexure P-4). Annexure P-4) pertains to the year ve, it is clear that the petitioners are ason as to why they are unable to eedings and that too not daily but s situation, no equitable ground is jjar to Sonipat. settled that while considering the , the Court is to consider the family he minor child, economic condition arning capacity of the husband and 46 ies of as ed ely m to id year oner nsel nsel the lice year RISHU KATARIA 2026.05.22 17:13 I attest to the accuracy and authenticity of this order/judgment. TA-544-202 most import without assi place to and litigation cha 10. present case hereby dism 11. 19.05.2026 rishu 2024 (O&M) -4- important the convenience of the wife t assistance of a male member of he to and fro from her place of residen ion charges and travelling expenses. Accordingly, in view of the fa t case as noted above, finding no mer dismissed. Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable e wife i.e. she cannot travel alone r of her family, connectivity of the esidence as well as bearing of the the facts and circumstances of the o merit in this petition, the same is any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No the e is RISHU KATARIA 2026.05.22 17:13 I attest to the accuracy and authenticity of this order/judgment.