IN T 201 Punarbir K Karandeep CORAM: Present:- NIDHI GU 1. transfer of t husband un ‘the Act’) t Kaur” pend a Court of c 2. i) ii) iii) iv) TA-1267-2024 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Transfer Application No Date of decision :-14.05 rbir Kaur Versus ndeep Singh AM:- HON'BLE MS. JUSTICE NID Mr. Sandeep Sharma, Advocate for the applicant. Mr. Nitish Garg, Advocate for t I GUPTA J. (Oral) Prayer in this petition filed sfer of the petition bearing No.DMC/461 and under Section 12 of the Hindu Ma Act’) titled “Kirandeep Singh vs. Puna ” pending in the Court of Principal Judg urt of competent jurisdiction at Jalandha Learned counsel for the applica that the parties were married Sikh rites and rituals. No child was born out of the s iii) that the applicant-wife is li respondent-husband from 28.3 parents at their mercy at Jaland iv) that the applicant is unemplo income and totally dependent 1 UNJAB AND HARYANA IGARH on No.1267 of 2024 (O & M) .05.2026 …..Applicant …..Respondent NIDHI GUPTA vocate te for the respondent. filed by applicant-wife is for C/461/2024 filed by respondent- du Marriage Act,1955 (for short s. Punarbir Kaur alias Puneerveer al Judge, Family Court, Patiala to landhar. pplicant has contended :- arried on 12.3.2024 according to the said wedlock. is living separately from the 28.3.2024 and living with her Jalandhar. employed, having no source of endent upon her parents and the VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document v) v) vi) 3. transfer of 4. appearance his medical by the appl contended respondent the petition submitted t child has b separately si wife of an TA-1267-2024 (O & M) respondent-husband, who is wo Film/Music Industry and earn Rs.2,00,000/- per month, is n towards maintenance. The proceedings arising out of Cr.P.C. as well as under Sectio applicant-wife, are pending in jurisdiction at Jalandhar, in whi That the distance between p applicant-wife i.e. Jalandhar an under Section 12 of the Ac husband, pending before the Court, Patiala, is about 155 kilo that there is no proficient male applicant, who can accompany Court of proceedings at Patiala aged persons having age related It is inter alia on these groun sfer of the case, as detailed in para 1 abov Upon notice, respondent thr arance and filed his reply dated 08.9.202 edical record (Annexure R-1). To con e applicant in this petition, learned cou nded that the allegations leveled by ndent-husband are baseless and concoc petition filed by the respondent-husb itted that this marriage survived only f has born out of the said wedlock and ately since 28.3.2024 there is no respon of any kind. Learned counsel for t 2 is working as Director in Punjabi d earning about Rs.1,50,000/- to , is not paying anything to her out of petitions under Section 125 Section 144 of BNSS filed by the ing in the Court having competent in which respondent is appearing. een place of residence of the har and the place of proceedings he Act, filed by the respondent- re the Principal Judge, Family kilometers one side. t male member in the family of the mpany her to visit and attend the Patiala because the parents are old related ailments. grounds that applicant prays for 1 above. nt through counsel had put in 8.9.2025 in the Registry alongwith o controvert the averments made ed counsel for the respondent has ed by the applicant against the concocted. Regarding transfer of husband, learned counsel has only for around 16-17 days. No k and since the parties are living responsibility upon the applicant- for the respondent refers to the VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document medical rec the respond social phob always need submits tha counsel sub responsibili has filed th respondent physically a more than t and that too applicant h prove that s the date of h 5. 6. that unlik responsibili etc regardin R-1 in whi travel alone circumstanc of which it short distan TA-1267-2024 (O & M) cal record (Annexure R-1) annexed wit espondent is suffering from depressi l phobia, lack of confidence etc. and ys needs the support of her parents for its that the respondent is continuing sel submits that on the other hand the nsibility of any kind and enjoying the iled the present petition for transfer o ndent under Section 12 of the Act ju sically and mentally. Learned counsel fu than two hours journey to reach the Co hat too not on daily basis, just on the cant has not shown her physical or m that she cannot in a position to travel ate of hearings. I have heard learned counsel fo In view of the facts as enumera unlike the respondent, the appli nsibilities as it is the respondent who i garding which his medical record is pl in which it is specifically pointed out l alone without help of his parents. mstances have been brought to light by hich it is shown that she is not in a pos distance of about 155 kilometers as ad 3 ed with the reply and submits that pression, sadness, fear, anxiety, . and he cannot travel alone and ts for the same. Learned counsel nuing under treatment. Learned d the applicant is not having any g the company of her parents and nsfer of the petition filed by the Act just to harass the respondent nsel further contends that it is not the Court of proceedings at Patiala n the date fixed in the case. The al or mental inability which will travel such a meager distance on nsel for the parties. umerated above, I am of the view applicant-wife is having no who is suffering from depression d is placed on record as Annexure d out that the respondent cannot . In contrast, no extenuating ight by the applicant, on the basis a position to travel the relatively s as admittedly, it is hardly a two- VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document hour journe only on the 7. cases of tra wife. Howe Supreme Co such case w Vs. Srijit circumstanc petition file to two case dismissed tr no. 126 of TA No. 299 8. present case finding no m May 14, 20 Vijay Asija Whether spe Whether Rep TA-1267-2024 (O & M) journey between Jalandhar to Patiala on the date of hearing. This Court is well aware of th of transfer emanating from matrimonia However, in certain similar cases as t eme Court, as well as this Court have re case which may be referred to is: (2006 Srijit Das’ wherein Hon’ble Supr mstances dismissed the wife’s appli on filed by the husband.Reference in th o cases of this Court where, in similar c issed transfer applications filed on beha 26 of 2018 Smt. Akhwinder Kaur Vs. o. 299 of 2019 Nisha alias Manisha v Accordingly, in view of the fac nt case as noted above, as also the prece ng no merit in this petition, the same is h Pending application(s) if any st , 2026 Asija er speaking/reasoned Yes / No er Reportable Yes / No 4 atiala, and that too, not daily but e of the preponderance of law in imonial disputes is in favour of the ses as the present one, the Hon’ble ave refused relief to the wife. One 06) 9 SCC 197 ‘Anindita Das Supreme Court under similar s application seeking transfer of e in this regard may also be made milar circumstances this Court had n behalf of the wife. These are: TA ur Vs. Sh. Gurpreet Singh; and isha vs. Amarveer Yadav. the facts and circumstances of the e precedents of Case law as above, me is hereby dismissed. any stand disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document