IN T 143 Chetan Bh Jashanjit CORAM: Present:- NIDHI GU 1. transfer of of the Hi No.HMA/5 (Annexure Barnala to a 2. i) (ii) TA-1369-2025 IN THE HIGH COURT OF PUNJA AT CHANDIGAR Transfer Application No Date of decision :-14.05 an Bhullar Versus anjit Singh Ranu AM:- HON'BLE MS. JUSTICE NID Ms. Shivya Sehgal, Advocate (t for the applicant. Mr. Kirat Pal Dhaliwal, Advoca I GUPTA J. (Oral) Prayer in this petition filed sfer of the petition filed by respondent e Hindu Marriage Act,1955 (for sh MA/509/2025 titled as “Jashanjit Singh exure P-1) pending in the Court of Prin ala to a Court of competent jurisdiction Learned counsel for the applica That the present Transfer Appl the mother of the applicant-w Kaur aged 55 years, being S Holder of the applicant-wi alongwith her daughter are resid That the parties were married Sikh rites and rituals. 1 UNJAB AND HARYANA IGARH on No.1369 of 2025 (O & M) .05.2026 …..Applicant …..Respondent NIDHI GUPTA cate (through VC) dvocate for the respondent. filed by applicant-wife is for dent-husband under Sections 13 (for short ‘the Act’) bearing t Singh Ranu vs. Chetan Bhullar” f Principal Judge, Family Court, iction at Ludhiana. pplicant submits :- r Application is being pursued by wife, namely, Smt. Navdeep eing Special Power of Attorney wife as the applicant-wife re residing in Canada. arried on 18.8.2021 according to VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document iii) iv) v) vi) vii) viii) 3. transfer of t 4. controvert learned cou TA-1369-2025 ) That a female child was bor 30.12.2024 and is in the care an ) That the applicant-wife is l respondent-husband since 20.2 her minor child with her p Ludhiana. That the applicant is unemplo income and totally dependent and the respondent-husband is towards maintenance. That the proceedings arising ou (a) under the Prot Domestic Violenc (b) under Section 9 o and (c) under Section 125 filed by the applicant-wife, a having competent jurisdiction said cases the respondent-husb before the Court. ) That the distance between p applicant-wife i.e. Ludhiana an under Section 13 of the Ac husband, pending before the Ad Court, Barnala, is about 77 kilo i) That mother of the applicant- years is suffering from various is very difficult for her to tr proceedings at Barnala. It is inter alia on these groun sfer of the case, as detailed in para 1 abov Learned counsel for the respon overt the above said facts, however, o ed counsel for the applicant regarding 2 as born out of this wedlock on care and custody of the applicant. is living separately from the e 20.2.2025 and living alongwith her parents at their mercy at nemployed, having no source of ndent upon her old aged parents and is not paying anything to her out of petition :- Protection of Women from iolence Act, 2005 on 9 of the Hindu Marriage Act; on 125 Cr.P.C. ife, are pending in the Courts iction at Ludhiana and in all the husband is very much appearing een place of residence of the iana and the place of proceedings the Act, filed by the respondent- the Addl. Principal Judge, Family 7 kilometers on one side. -wife being an old lady of 55 arious age related ailments and it to travel and pursue the Court grounds that applicant prays for 1 above. respondent is not in a position to ever, oppose the prayer made by arding transfer of the proceedings VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document under Secti Court of co Transfer A husband. 5. case file. 6. well establi rendered in Live Law Court has h TA-1369-2025 r Section 13 of the Act, filed by the t of competent jurisdiction at Barnala o sfer Application has been filed just I have heard learned counsel fo file. The legal position in such like established. In this regard, judgment of red in N.C.V. Aishwarya vs A.S. Sar Law (SC) 627, is most relevant whe t has held as under:- “9. The cardinal principle fo under section 24 of the Code that the ends of justice should d the suit, appeal or other procee matters, wherever Courts are ca the plea of transfer, the Cour consideration the economic so parties, the social strata of th behavioural pattern, their stand marriage and subsequent circumstances of both the part livelihood and under whose pro are seeking their sustenance prevailing socioeconomic par society, generally, it is the wife must be looked at while conside 10. Further, when two or m pending in different Courts betw which raise common question when the decisions in the cases is desirable that they should be same Judge so as to avoid mul same issues and conflict of deci 3 by the respondent-husband to the rnala on the basis that the present just to harass the respondent- nsel for the parties and perused the h like cases as the present one, is ent of the Hon’ble Supreme Court S. Saravana Karthik Sha,” 2022 nt wherein the Hon’ble Supreme ple for exercise of power Code of Civil Procedure is ould demand the transfer of proceeding. In matrimonial s are called upon to consider Courts have to take into mic soundness of both the of the spouses and their standard of life prior to the uent thereto and the e parties in eking out their ose protective umbrella they nance to life. Given the ic paradigm in the Indian e wife's convenience which onsidering transfer. or more proceedings are rts between the same parties estion of fact and law, and cases are interdependent, it uld be tried together by the id multiplicity in trial of the of decisions.” VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document 7. “Sumita Si Pardeshivs the Hon’bl transfer app consideratio legal proce allowed, ta should desi 8. aforesaid p considering the wife, th custody of t health and convenienc a male mem her place o travelling e 9. i.e. Sumita (supra) and Supreme C petition, sub TA-1369-2025 Further reliance can be place ita Singh vs Kumar Sanjay”, 2002 S eshivs Kishor Babulal Pardeshi”, 20 on’ble Supreme Court has observed sfer application, the Courts are required deration to the convenience of the fem proceedings from one Court to ano ed, taking into consideration their co ld desist from putting female litigants un Even this Court in number o said principle of law. Accordingly, it dering the transfer of a matrimonial dis ife, the Court is to consider the family dy of the minor child, economic condit h and earning capacity of the husban enience of the wife i.e. she cannot travel le member of her family, connectivity o lace of residence as well as bearing o lling expenses. In view of the facts mentioned umita Singh’s case (supra), Rajan a) and N.C.V. Aishwarya’s case (sup eme Court, this Court deems it appro on, subject to the following conditions: a) The petition filed by Section 13 of Hindu M No. HMA/509/2025 title 4 placed upon the judgments in 002 SC 396 and “Rajani Kishor i”, 2005(12) SCC 237, wherein served that “while deciding the uired to give more weightage and he female litigants and transfer of to another should ordinarily be heir convenience and the Courts ants under undue hardships.” mber of cases has followed the gly, it is well settled that while ial dispute/case, at the instance of family condition of the wife, the condition of the wife, her physical husband and most important the t travel alone without assistance of tivity of the place to and fro from ring of the litigation charges and ntioned above and the judgments Rajani Kishor Pardeshi’s case se (supra) passed by the Hon’ble appropriate to allow the present itions:- d by respondent husband under indu Marriage Act,1955, bearing titled as ‘Jashanjit Singh Ranu VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document 8. to refer th exploring t parties. 9. the parties, month. 11. Bench of t Talwar; T Singh; and May 14, 20 Vijay Asija Whether spe Whether Rep TA-1369-2025 vs. Chetan Bhullar’, Principal Judge, Fam transferred to a Court o Ludhiana. b) The ld. District Judge, B complete record pertaini District Judge, Ludhiana c) The parties are directed t & Sessions Judge, Ludhi d) The District Judge, Lud petition to the Court of c The concerned Court at Ludhia fer the case before the Mediation an ring the possibility of some amicab The Court concerned, where the arties, will accommodate them with I am supported by the decision h of this Court in TA No. 1315/202 ar; TA No. 1322 of 2022, Jaswind ; and TA No. 1323 of 2022, Usha Ran Disposed of. Pending application(s), if any, st , 2026 Asija er speaking/reasoned Yes / No er Reportable Yes / No 5 ’, pending in the Court of Family Court, Barnala is ourt of competent jurisdiction at dge, Barnala is directed to transfer ertaining to the aforesaid case to dhiana. ected to appear before the District Ludhiana on 16.6.2026. e, Ludhiana will assign the said rt of competent jurisdiction. Ludhiana will make all endeavour tion and Conciliation Centre for micable settlement between the the litigation pending between with one date in one calendar cisions rendered by a Co-ordinate 15/2022, Rohini Arora v Nitin swinder Kaur v Gurvinderjeet a Rani v Karmajit Singh. any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.18 19.00 I attest to the accuracy and integrity of this document