TA-631-202 IN THE HIG 149 Sonam Kum Lalit CORAM: H Present: - NIDHI GUP 1. of the petiti Hindu Marri Kumari Yad Yamuna Na Rewari. 2. 2025 -1- E HIGH COURT OF PUNJAB AND HA TA-63 Date o Kumari Yadav Versus M: HON'BLE MS. JUSTICE NIDH Mr. Himanshu Sharma, Advoca Mr. Parmod Chauhan, Advocate I GUPTA, J. (ORAL) Prayer in this petition filed by p petition filed by respondent-husban Marriage Act,1955 (for short ‘the A ri Yadav’ pending in the Court of Pri na Nagar at Jagadhri to a Court o Learned counsel for the petition i) that the parties were according to Hindu Rites ii) that no child was born ou iii) that due to matrimonia residing separately since iv) that the petitioner has maintain her livelihood. ND HARYANA AT CHANDIGARH 631-2025 Date of Decision: 13.05.2026 .…Petitioner .... Respondent NIDHI GUPTA dvocate for the petitioner. vocate for the respondent. d by petitioner-wife is for transfer usband under Section 13 of the ‘the Act’) titled ‘Lalit vs. Sonam of Principal Judge, Family Court, ourt of competent jurisdiction at etitioner has contended :- were married on 07.12.2022 ites and customs. orn out of the said wedlock. imonial discord the parties are since 01.07.2023. has not source of income to ood. RISHU KATARIA 2026.05.14 19:55 I attest to the accuracy and authenticity of this order/judgment. TA-631-202 3. transfer of th 4. vehemently petitioner. A that she is u the responde has no physi herself. Mor presently res respondent 2025 -2- v) that the distance betwee petitioner-wife i.e. Re proceedings (Annexure respondent-husband, pen Judge, Family Court, Ya about 250 kilometers on vii) that there are 02 cases which are pending adju Courts at Rewari which a (a) Petition under Sec MNT/125/1600/20 learned Family Cou (b) Petition under the of Women from Do No. 4283 of 2025 Judicial Magistrate It is, inter alia, on these grou r of the case, as detailed in para 2 abo Per Contra, learned counsel a ently opposes the submissions advanc . As regards, the contention of lear e is un-employed having no source o spondent submits that petitioner is a G physical infirmity. As such she is cap Moreover, the petitioner is permanen tly residing at Zirakpur with the rea dent-husband. etween place of residence of the Rewari and the place of exure P-1) filed by the d, pending before the Principal Yamuna Nagar at Jagadhari, is n one side. cases filed by the petitioner-wife adjudication before the District hich are as under:- er Section 125 Cr.P.C. bearing No. 00/2025 pending before the ily Court at Rewari; and the provisions of the Protection rom Domestic Violence Act bearing f 2025 pending before the learned istrate Ist Class, Rewari. e grounds that petitioner prays for above. nsel appearing for the respondent advanced by learned counsel for the of learned counsel for the petitioner urce of income, learned counsel for is a Graduate and able bodied and capable of earning livelihood for manent resident of Rajasthan and is he real brother-in-law (Jija) of the RISHU KATARIA 2026.05.14 19:55 I attest to the accuracy and authenticity of this order/judgment. TA-631-202 5. respondent h Learned cou Section 125 learned Fam Protection o 2025 pendin filed by the appearance. hands of re 23.01.2024 petitioner at respondent 6. have heard l case file. respondent. 7. that no exte petitioner, on travel to Jag This Court i emanating fr in certain sim well as thi 2025 -3- The aforesaid contention of dent has been strongly refuted by learn ed counsel for the petitioner submit n 125 Cr.P.C. bearing No. MNT/125/1 d Family Court at Rewari; and petitio tion of Women from Domestic Viole pending before the learned Judicial M by the petitioner, the respondent-hus rance. Moreover, there is threat to th of respondent-husband. In this reg 2024 under Sections 498-A and 406 ner at Police Station Shahzahanpur, nt and his family members. No other argument has been m eard learned counsel for the parties I find merit in the submissions dent. In view of the facts as enumer o extenuating circumstances have b ner, on the basis of which it is shown to Jagadhri and that too not daily but ourt is well aware of the preponderan ting from matrimonial disputes is in f ain similar cases as the present one, th s Court have refused relief to the on of learned counsel for the y learned counsel for the petitioner. submits that in the petition under /125/1600/2025 pending before the petition under the provisions of the Violence Act bearing No. 4283 of icial Magistrate Ist Class, Rewari husband so far has not put in t to the life of the petitioner at the is regard an FIR No. 25 dated 406 IPC was registered by the anpur, District Behror against the een made on behalf of the parties. I rties and carefully gone through the issions advanced on behalf of the numerated above, I am of the view ave been brought to light by the hown that she is not in a position to ily but only on the date of hearing. nderance of law in cases of transfer is in favour of the wife. However, one, the Hon’ble Supreme Court, as to the wife. One such case which I the the RISHU KATARIA 2026.05.14 19:55 I attest to the accuracy and authenticity of this order/judgment. TA-631-202 may be refer wherein Hon the wife’s husband.Ref Court where applications Smt. Akhw 2019 Nisha 8. present case finding no m 9. 13.05.2026 rishu 2025 -4- e referred to is: (2006) 9 SCC 197 in Hon’ble Supreme Court under sim ife’s application seeking transfer Reference in this regard may also where, in similar circumstances this ations filed on behalf of the wife. The Akhwinder Kaur Vs. Sh. Gurpreet isha alias Manisha vs. Amarveer Y Accordingly, in view of the fa case as noted above, as also the prec g no merit in this petition, the same is Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable 197 ‘Anindita Das Vs. SrijitDas’ er similar circumstances dismissed ansfer of petition filed by the also be made to two cases of this s this Court had dismissed transfer fe. These are: TA no. 126 of 2018 et Singh; and TA No. 299 of eer Yadav. the facts and circumstances of the he precedents of Case law as above, me is hereby dismissed. any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No the ove, RISHU KATARIA 2026.05.14 19:55 I attest to the accuracy and authenticity of this order/judgment.