IN TH 153 Ramandee Gurkirpal CORAM: Present:- NIDHI GU application responden Marriage A dissolution “Gurkirpal HMA/143 learned Ad competent marriage b no child w TA-1146-2025 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Transfer Application No Date of decision :-12.05 andeep Kaur Versus kirpal Singh AM:- HON'BLE MS. JUSTICE NI Mr. Sanjiv Kumar Yadav, Adv for the applicant. Mr. Rajiv Kataria, Advocate w Ms. Sushmeet Kaur, Advocate HI GUPTA J. (Oral) The applicant-wife has fil ication seeking transfer of the ondent-husband under Section 1 riage Act, 1955 (hereinafter referred olution of marriage by a decre rkirpal Singh vs. Ramandeep A/143/2025 (Annexure P-4), pend ned Addl. Principal Judge, Family C petent Court at Ambala. Learned counsel for the ap riage between the parties was solem hild was born out of the wedlock 1 UNJAB AND HARYANA IGARH ion No.1146 of 2025 (O & M) .05.2026 …..Applicant …..Respondent E NIDHI GUPTA v, Advocate cate with vocate for the respondent. as filed the present transfer f the petition filed by the ion 13(1)(i-a) of the Hindu eferred to as ‘the Act’) seeking decree of divorce titled as ndeep Kaur”, bearing No. pending before the Court of mily Court, Dera Bassi, to the the applicant submits that the solemnized on 10.02.2020 and edlock. Owing to matrimonial VIJAY ASIJA 2026.05.15 08.34 I attest to the accuracy and integrity of this document discord, t 02.06.2022 the aforesa ground of initiated t Ambala:- counsel transferred inconvenie applicant responden public plac the respon in the pres position th Chandigar TA-1146-2025 (O & M) ord, the parties have been res 6.2022. It is submitted that the respo aforesaid divorce petition on 11.08.2 nd of cruelty. It is further contended that ated the following proceedings ag - (i) Petition under Sectio (ii) Proceedings under t from Domestic Viol (iii) FIR No.0009 date under Sections 323, at Police Station Mu On the strength of the afore submits that the divorce petit sferred to Ambala so as to avoid mu nvenience to the applicant. It is add icant apprehends threat to her saf ondent, alleging that the responde lic places on earlier occasions. Per contra, learned counsel respondent-husband has vehemently e present application. It is submitt tion that the applicant is presently r ndigarh, which is geographically m 2 n residing separately since e respondent-husband instituted 1.08.2025 at Dera Bassi on the that the applicant has already ngs against the respondent at Section 125 Cr.P.C. nder the Protection of Women c Violence Act; and dated 09.01.2025 registered s 323, 406, 498-A and 506 IPC on Mullana, District Ambala. aforesaid proceedings, learned e petition also deserves to be id multiplicity of litigation and is additionally argued that the er safety at the hands of the spondent had assaulted her at ounsel appearing on behalf of ently opposed the prayer made ubmitted that it is an admitted ently residing and employed at ally much nearer to Dera Bassi VIJAY ASIJA 2026.05.15 08.34 I attest to the accuracy and integrity of this document than Amba as a Lieut Leh. Acco from Leh is also po solemnized at Dera Ba divorce pe arose. that althou proceeding initial stag appropriat law. gone throu seeking tr apprehensi except ma assaulted h placed on medical d TA-1146-2025 (O & M) Ambala. It is further submitted that Lieutenant Colonel in the Army a . According to learned counsel, the Leh whenever his presence is requ lso pointed out that the marriage mnized at Zirakpur and the parties h era Bassi and, therefore, the respon rce petition at Dera Bassi, where Learned counsel for the res although the respondent has already eedings pending at Ambala, the sa al stage and the respondent is co opriate proceedings for transfer the I have heard learned counse e through the record. The principal ground press ing transfer is inconvenience co ehension regarding her safety. How pt making a bald assertion that the ulted her at public places, no mate ed on record to substantiate such al ical document or any contemporan 3 d that the respondent is serving rmy and is presently posted at el, the respondent has to travel is required before the Court. It riage between the parties was rties had lastly resided together espondent rightly instituted the where part of cause of action the respondent further submits lready put in appearance in the the said matters are still at an is contemplating initiation of fer thereof in accordance with ounsel for the parties and have pressed by the applicant for ce coupled with an alleged . However, this Court finds that at the respondent had allegedly material whatsoever has been uch allegations. No complaint, mporaneous material has been VIJAY ASIJA 2026.05.15 08.34 I attest to the accuracy and integrity of this document produced allegations made the s presently between C convenien at Leh in c travel a s comparativ favour of t parties wa together a cannot be petition fil Act. place can, for transfe rule, partic circumstan not find TA-1146-2025 (O & M) uced in support of the alleged ap ations, unsupported by any prima e the sole basis for transfer of judici That apart, it is not disput ently residing and employed at C een Chandigarh and Dera Bassi is enient. On the other hand, the respo eh in connection with his military s el a substantial distance to atten parative convenience of parties, th ur of the applicant. It also deserves notice that t ies was solemnized at Zirakpur and ther at Dera Bassi. Consequently, ot be said to lack territorial juris tion filed by the respondent-husband Though pendency of conne e can, in certain circumstances, be transfer, however, the same cannot , particularly where no exceptional umstance is demonstrated. In the pre find any sufficient ground w 4 ed apprehension. Mere vague prima facie material, cannot be judicial proceedings. disputed that the applicant is at Chandigarh. The distance assi is comparatively short and e respondent is presently posted litary service and is required to attend the proceedings. The ties, therefore, does not tilt in that the marriage between the ur and the parties last resided ently, the Court at Dera Bassi l jurisdiction to entertain the usband under Section 13 of the connected proceedings at one es, be a relevant consideration not be treated as an absolute ptional hardship or compelling he present case, this Court does nd warranting exercise of VIJAY ASIJA 2026.05.15 08.34 I attest to the accuracy and integrity of this document discretiona proceeding application disposed o May 12, 20 Vijay Asija Whether spea Whether Repo TA-1146-2025 (O & M) retionary jurisdiction for transfe eedings from Dera Bassi to Ambala Accordingly, finding no me ication, the same is hereby dismisse Pending application(s), if osed of. , 2026 r speaking/reasoned Yes / No r Reportable Yes / No 5 transfer of the matrimonial mbala. no merit in the present transfer missed. s), if any, shall also stand ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.15 08.34 I attest to the accuracy and integrity of this document