TA-1311-20 IN THE HIG 104 Nisha @ Nid Parvesh CORAM: H Present: - NIDHI GUP 1. transfer of 12(1)(C) of No. HMA/7 Nidhi’. pend a Court of co 2. 2025 -1- E HIGH COURT OF PUNJAB AND HA TA-13 Date o @ Nidhi Versus M: HON'BLE MS. JUSTICE NIDH Mr. Tanmoy Gupta, Advocate f I GUPTA, J. (ORAL) Prayer in this petition filed b r of the petition filed by respond C) of the Hindu Marriage Act,1955 ( MA/787/2023 (Annexure P-1) titled pending in the Court of Principal Jud rt of competent jurisdiction at Gurugra Learned counsel for the petition i) The parties were married Hindu Rites and Ceremon ii) No child was born out of iii) Due to matrimonial disc separately since 27.02.20 iv) The distance between petitioner-wife i.e. Gur proceedings filed by t Jhajjar is about 50 kilom difficult for her to frequ to Jhajjar to attend the Co v) The petitioner has no residing her at parental ho vi) One petition bearing 10.07.2024 (Annexure P ND HARYANA AT CHANDIGARH 1311-2025 Date of Decision: 18.05.2026 .…Petitioner .... Respondent NIDHI GUPTA ocate for the petitioner. iled by the petitioner-wife is for spondent-husband under Section 1955 (for short ‘the Act’) bearing titled as ‘Parvesh vs. Nisha @ pal Judge, Family Court, Jhajjar to urugram, Haryana. etitioner, inter alia, submits that :- arried on 26.02.2023 according to eremonies. out of the said wedlock. al discord the parties are residing .02.2023. een place of residence of the Gurugram and the place of by the respondent-husband at kilometers on one side. It is very frequently travel from Gurugram the Court proceedings. s no source of income and is ntal house. aring No. HMA/988/24 dated ure P-2) filed under Section 9 of RISHU KATARIA 2026.05.21 19:45 I attest to the accuracy and authenticity of this order/judgment. TA-1311-20 3. allowed and vs. Nisha @ Court, Jhajj Gurugram, H 4. behalf of th record. Lea submissions marriage sub the petitione in Indian R Gurugram. I under Sectio petition by t a Graduate, for the respo 5. have heard l case file. Le controvert th submissions 6. that no exte 2025 -2- the Act is pending adju Court at Gurugram. It is accordingly, prayed that d and petition HMA/787/2023 (Anne isha @ Nidhi’ pending in the Court Jhajjar be transferred to a Court ram, Haryana. Mr. Sunil Bhardwaj, Advocat of the respondent and submits Vak . Learned counsel for the respond ssions of learned counsel for the pet subsisted only for 01 day. Further, titioner-wife has no responsibility; wh dian Railways and cannot travel ram. It is also pointed out that the pe Section 9 of the Act (Annexure P-2) o y the respondent-husband. It is sub uate, but despite that she is no worki respondent prays for dismissal of the No other argument has been m eard learned counsel for the parties a Learned counsel for the petition vert the above assertions of the res ssions advanced on behalf of the respo In view of the facts as enumer o extenuating circumstances have b g adjudication before the Family that the present petition may be (Annexure P-1) titled as ‘Parvesh Court of Principal Judge, Family ourt of competent jurisdiction at dvocate has put in appearance on Vakalatnama which is taken on spondent vehemently opposes the the petitioner and submits that the urther, learned counsel submits that whereas respondent is working ravel frequently from Jhajjar to the petitioner has filed the petition 2) only after the filing of present t is submitted that petitioner-wife is working. As such, learned counsel of the present petition. een made on behalf of the parties. I rties and carefully gone through the etitioner is not able to dispute or he respondent. I find merit in the respondent. numerated above, I am of the view ave been brought to light by the I the e or the RISHU KATARIA 2026.05.21 19:45 I attest to the accuracy and authenticity of this order/judgment. TA-1311-20 petitioner, on travel to Jha This Court i emanating fr in certain sim well as this may be refer wherein Hon the wife’s husband.Ref Court where applications Smt. Akhw 2019 Nisha 7. present case finding no m 8. 18.05.2026 rishu 2025 -3- ner, on the basis of which it is shown to Jhajjar 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 this Court have refused relief to the 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 t case as noted above, as also the prec g no merit in this petition, the same is h Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable hown that she is not in a position to y but only on the dates 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 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 rpreet 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 2026.05.21 19:45 I attest to the accuracy and authenticity of this order/judgment.