IN TH 202 Harjot Ka Gursharan CORAM: Present:- NIDHI GU 1. transfer of of the Hin No.HMA/1 Kaur” (An Family Co Hoshiarpur 2. i) ii) TA-1677-2024 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Transfer Application No Date of decision :-14.05 ot Kaur Versus sharanvir Singh AM:- HON'BLE MS. JUSTICE NI Mr. S.K. Kanojia, Advocate for the applicant. Mr. Parminder Singh Kanwar, for the respondent. HI GUPTA J. (Oral) Prayer in this petition filed fer of the petition filed by respondent e Hindu Marriage Act,1955 (for s MA/12074/2024 titled as “Gurshar ” (Annexure P-2) pending in the ily Court, Ludhiana to a Court of c iarpur. Learned counsel for the applic That the parties were married to Sikh rites and rituals. That a female child was bor 17.8.2023, who is in the c applicant. 1 UNJAB AND HARYANA IGARH ion No.1677 of 2024 (O & M) .05.2026 …..Applicant …..Respondent E NIDHI GUPTA cate anwar, Advocate filed by applicant-wife is for ndent-husband under Section 9 (for short ‘the Act’) bearing ursharanvir Singh vs. Harjot the Court of Principal Judge, rt of competent jurisdiction at applicant submits :- arried on 10.11.2022 according as born out of this wedlock on the care and custody of the VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document iii) iv) v) vi) vii) 3. transfer of 4. controvert learned cou under Sect TA-1677-2024 (O & M) iii) That the applicant-wife is li respondent-husband and livi child with her single old age Hoshiarpur as father of the app iv) That the applicant is unemplo income and totally dependent and the respondent-husband is towards maintenance. That the proceedings arising o (a) Complaint Case BNS bearing No. (b) FIR No.91 dated 85 of BNSS at District Hoshiarp filed by the applicant-wife, a having competent jurisdiction vi) That the distance between p applicant-wife i.e. Hoshiar proceedings under Section 9 respondent-husband, pending Family Court, Ludhiana, is ab side. vii) That there is no proficient ma applicant who can accompa proceedings at Ludhiana. It is inter alia on these groun fer of the case, as detailed in para 1 ab Learned counsel for the respon rovert the above said facts, however, o ed counsel for the applicant regarding r Section 9 of the Act, filed by the 2 e is living separately from the d living alongwith her minor ld aged mother at her mercy at the applicant has already expired. nemployed, having no source of ndent upon her old aged parents and is not paying anything to her ising out of petition :- Case under Section 85, 3(5) of g No.COMI-5690/2024; dated 04.8.2024 under Section SS at Police Station Mehtiana, shiarpur wife, are pending in the Courts iction at Hoshiarpur. een place of residence of the oshiarpur and the place of ion 9 of the Act, filed by the nding before the Principal Judge, a, is about 90 kilometers on one nt male member in the family of company her to the Court of grounds that applicant prays for ra 1 above. respondent is not in a position to ever, oppose the prayer made by arding transfer of the proceedings y the respondent-husband to the VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document Court of c present Tr responden 5. the case file 6. is well esta Court rend Sha,” 202 Hon’ble Su 7. “Sumita S Kishor Pa wherein th TA-1677-2024 (O & M) t of competent jurisdiction at Ludhi nt Transfer Application has been ndent-husband. I have heard learned counsel ase file. The legal position in such lik ll established. In this regard, judgmen t rendered in N.C.V. Aishwarya vs ” 2022 Live Law (SC) 627, is m ’ble Supreme Court has held as under: “9. The cardinal principle for ex section 24 of the Code of Civil Pro justice should demand the transfe other proceeding. In matrimonial m are called upon to consider the ple have to take into consideration the both the parties, the social strata behavioural pattern, their standa marriage and subsequent thereto a both the parties in eking out the whose protective umbrella the sustenance to life. Given the pr paradigm in the Indian society, g convenience which must be look transfer. 10. Further, when two or more pro different Courts between the sam common question of fact and law, in the cases are interdependent, should be tried together by the sam multiplicity in trial of the same decisions.” Further reliance can be place ita Singh vs Kumar Sanjay”, 20 or Pardeshivs Kishor Babulal Pard ein the Hon’ble Supreme Court h 3 Ludhiana on the basis that the been filed just to harass the unsel for the parties and perused ch like cases as the present one, dgment of the Hon’ble Supreme ya vs A.S. Saravana Karthik , is most relevant wherein the nder:- for exercise of power under il Procedure is that the ends of transfer of the suit, appeal or onial matters, wherever Courts the plea of transfer, the Courts on the economic soundness of strata of the spouses and their standard of life prior to the ereto and the circumstances of ut their livelihood and under la they are seeking their the prevailing socioeconomic iety, generally, it is the wife's looked at while considering ore proceedings are pending in he same parties which raise d law, and when the decisions dent, it is desirable that they the same Judge so as to avoid same issues and conflict of e placed upon the judgments in ”, 2002 SC 396 and “Rajani Pardeshi”, 2005(12) SCC 237, ourt has observed that “while VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document deciding th weightage litigants an should ord convenienc litigants un 8. aforesaid p considering of the wife the custody physical h important t without ass the place to the litigatio 9. i.e. Sumita (supra) and Supreme C petition, su TA-1677-2024 (O & M) ing the transfer application, the Court htage and consideration to the co nts and transfer of legal proceedings ld ordinarily be allowed, taking enience and the Courts should de nts under undue hardships.” Even this Court in number o said principle of law. Accordingly, i dering the transfer of a matrimonial d e wife, the Court is to consider the fam ustody of the minor child, economic ical health and earning capacity o rtant the convenience of the wife i.e out assistance of a male member of h lace to and fro from her place of resid itigation charges and travelling expens In view of the facts mentioned umita Singh’s case (supra), Rajan ra) and N.C.V. Aishwarya’s case (sup eme Court, this Court deems it appro ion, subject to the following conditions a) The petition filed by r Sections 9 of Hindu M No. HMA/12074/2024 Singh vs. Harjot Kaur’ Principal Judge, Fam 4 Courts are required to give more he convenience of the female dings from one Court to another aking into consideration their ld desist from putting female mber of cases has followed the gly, it is well settled that while onial dispute/case, at the instance the family condition of the wife, nomic condition of the wife, her city of the husband and most ife i.e. she cannot travel alone er of her family, connectivity of f residence as well as bearing of xpenses. ntioned above and the judgments Rajani Kishor Pardeshi’s case se (supra) passed by the Hon’ble appropriate to allow the present ditions:- d by respondent husband under ndu Marriage Act,1955, bearing 4/2024 titled as ‘Gursharanvir Kaur’, pending in the Court of , Family Court, Ludhiana is VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document 8. endeavour Centre for between th 9. between th calendar m 11. ordinate Be Nitin Tal Gurvinder Karmajit S May 14, 20 Vijay Asija Whether spea Whether Repo TA-1677-2024 (O & M) transferred to a Court o Hoshiarpur. b) The ld. District Judge transfer complete re aforesaid case to Distric c) The parties are direct District & Sessions 16.6.2026. d) The District Judge, Hos petition to the Court of c The concerned Court at avour to refer the case before the M re for exploring the possibility of s een the parties. The Court concerned, wher een the parties, will accommodate th dar month. I am supported by the deci ate Bench of this Court in TA No. 13 Talwar; TA No. 1322 of 20 vinderjeet Singh; and TA No. 132 ajit Singh. Disposed of. Pending application(s), if any, , 2026 r speaking/reasoned Yes / No r Reportable Yes / No 5 ourt of competent jurisdiction at Judge, Ludhiana is directed to record pertaining to the District Judge, Hoshiarpur. directed to appear before the sions Judge, Hoshiarpur on Hoshiarpur will assign the said urt of competent jurisdiction. at Hoshiarpur will make all the Mediation and Conciliation y of some amicable settlement where the litigation pending date them with one date in one e decisions rendered by a Co- No. 1315/2022, Rohini Arora v f 2022, Jaswinder Kaur v . 1323 of 2022, Usha Rani v if any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document