IN T 131 Shaifaly Sh Deepak Sh CORAM: Present:- NIDHI GU 1. transfer of of the Hi No.DMC/7 (Annexure Family Cou 2. i) ii) TA-1230-2025 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Transfer Application No Date of decision :-15.05 aly Sharma Versus Sharma AM:- HON'BLE MS. JUSTICE NID Ms. Rashi Verma, Advocate for Mr. Manu Loona, Advocate for the applicant. Mr. Vivek Baghla, Advocate for the respondent. I GUPTA J. (Oral) Prayer in this petition filed sfer of the petition filed by respondent e Hindu Marriage Act,1955 (for sh MC/725/2025 titled as “Deepak Shar exure P-4) pending in the Court of A ly Court, Patiala to a Court of competen Learned counsel for the applica That the parties were married Hindu rites and rituals. That a female child was bor 31.10.2023, who is in the applicant. 1 UNJAB AND HARYANA IGARH on No.1230 of 2025 (O & M) .05.2026 …..Applicant …..Respondent NIDHI GUPTA ate for filed by applicant-wife is for ndent-husband under Section 13 (for short ‘the Act’) bearing Sharma vs. Shaifaly Sharma” t of Additional Principal Judge, petent jurisdiction at Fazilka. pplicant submits :- arried on 05.11.2019 according to as born out of this wedlock on the care and custody of the VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document iii) iv) v) vi) vii) 3. transfer of t 4. controvert learned cou under Secti Court of c respondent TA-1230-2025 (O & M) iii) That the applicant-wife is l respondent-husband since 21.6 her minor child with her parent iv) That the applicant is unemplo income and totally dependent and the respondent-husband, company at Noida and earning not paying anything to her towa That the proceedings arising ou (a) under the Prot Domestic Violenc (b) Section 9 of the restitution of conju (c) Application under grant of maintenan filed by the applicant-wife, a having competent jurisdiction a vi) That the distance between p applicant-wife i.e. Fazilka and under Section 13 of the Ac husband, pending before the Ad Court, Patiala, is about 251 kilo vii) That there is no proficient ma applicant who can accompa proceedings at Patiala. 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 r Section 13 of the Act, filed by the t of competent jurisdiction at Patial ndent has also to take care of his pa 2 is living separately from the e 21.6.2023 and living alongwith parents at their mercy at Fazilka. nemployed, having no source of ndent upon her old aged parents band, who is working in an IT arning Rs.4,00,000/- per month, is r towards maintenance. sing out of petitions :- Protection of Women from iolence Act, 2005 of the Hindu Marriage Act for f conjugal rights; and under Section 144 of BNSS for intenance ife, are pending in the Courts ction at Fazilka. een place of residence of the ka and the place of proceedings the Act, filed by the respondent- the Addl. Principal Judge, Family kilometers on one side. nt male member in the family of company her to the Court of 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 y the respondent-husband to the Patiala on the ground that the his parents at Patiala and just to VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document harass the application under Secti 5. case file. 6. well establi rendered in Live Law Court has h 7. “Sumita Si TA-1230-2025 (O & M) ss the respondent-husband, the applic cation for transfer of the petition filed r Section 13 of the Hindu Marriage Act. 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 Further reliance can be place ita Singh vs Kumar Sanjay”, 2002 S 3 applicant has filed the present filed by the respondent-husband ct. 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.” placed upon the judgments in 002 SC 396 and “Rajani Kishor VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document 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-1230-2025 (O & M) 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 Sections 13 of Hindu M No. DMC/725/2025 titl Shaifaly Sharma’, pend 4 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 ‘Deepak Sharma vs. , pending in the Court of Addl. VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document 8. refer the c exploring t parties. 9. the parties, month. 11. Bench of t Talwar; T Singh; and May 15, 20 Vijay Asija Whether spe Whether Rep TA-1230-2025 (O & M) Principal Judge, Family to a Court of competent j b) The ld. District Judge, P complete record pertaini District Judge, Fazilka. c) The parties are directed t & Sessions Judge, Fazilk d) The District Judge, Fa petition to the Court of c The concerned Court at Fazilka the case before the Mediation and 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 amily Court, Patiala is transferred etent jurisdiction at Fazilka. dge, Patiala is directed to transfer ertaining to the aforesaid case to ilka. ed to appear before the District Fazilka on 16.6.2026. e, Fazilka will assign the said rt of competent jurisdiction. Fazilka will make all endeavour to on and Conciliation Centre for micable settlement between the ere 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 19.12 I attest to the accuracy and integrity of this document