Extracted from the PDF above. The PDF is authoritative.
TA-1402-20
IN THE HIG 143
Simanjeet Sa
Jaspreet Sing
CORAM: H
Present: -
NIDHI GUP
1.
seeking trans of the Hind HMA/245/20 Singh Pannu Court, SAS Sessions Div
2.
2025 (O&M)
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E HIGH COURT OF PUNJAB AND HA
TA-14
Date o jeet Sandhu
Versus et Singh Pannu
M: HON'BLE MS. JUSTICE NIDH
Mr. BS Bhalla, Advocate for the
Mr. AS Grover, Advocate for th
I GUPTA, J. (ORAL)
By way of filing the present pe transfer of petition filed by responde Hindu Marriage Act, 1955 (for sh 245/2025 dated 01.07.2025 (Annexu Pannu vs. Simanjeet Sandhu’ pendin SAS Nagar to a Court of compe ns Division, Patiala.
Learned counsel for the petition i) The parties were married Rites and Ceremonies.
ii) One girl child was born 20.06.2023, who is prese the petitioner.
iii) Due to matrimonial dis separately since 11.10.20
iv) The petitioner has no so dependent upon her paren
ND HARYANA AT CHANDIGARH 1402-2025 (O&M) Date of Decision: 19.05.2026
.…Petitioner
.... Respondent
NIDHI GUPTA for the petitioner. e for the respondent. sent petition, the petitioner-wife is spondent-husband under Section 9 for short-‘the Act’) bearing No. nnexure P-3) titled as ‘Jaspreet ending before the learned Family competent jurisdiction at Nabha, etitioner, inter alia, submits that:- arried on 03.03.2019 as per Sikh
born out of the said wedlock on present in the care and custody of ial discord the parties are living .10.2023. no source of income and is fully r parents.
RISHU KATARIA 2026.05.22 20:22 I attest to the accuracy and authenticity of this
order/judgment.
TA-1402-20
3.
allowed and (Annexure P pending befo Court of com
4.
unable to d counsel for t
5.
have heard l case file. I petitioner.
6.
constitute su cases is well 2025 (O&M)
-2-
v) There are 02 cases filed adjudication before the details of which are as un
(a) Case FIR No. (Annexure P-1) re and 498-A IPC Patiala.
(b) Petition under Sec Protection of Wom Act, 2005 (Annexu
vi) The distance between t petitioner at Nabha and Nagar is about 90 kilom is difficult for her to und case from Nabha to SAS
It is accordingly, prayed that t d and petition bearing No. HMA/2 xure P-3) titled as ‘Jaspreet Singh Pa g before the learned Family Court, SA of competent jurisdiction at Nabha, Se
Learned counsel appearing fo to dispute or controvert the afore el for the petitioner-wife.
No other argument has been m eard learned counsel for the parties a ile. I find merit in the submissions
Besides the facts as noticed tute sufficient grounds for transfer, is well established. In this regard, judg
s filed by the petitioner pending re the Courts at Nabha/Patiala e as under:- No. 0034 dated 30.07.2025 registered under Section 406 IPC at Police Station Women, er Section 12, 17 to 23 of the the f Women from Domestic Violence nnexure P-2). een the place of residence of the and place of proceedings at SAS kilometers on one side. As such, it to undertake frequent travel for the o SAS Nagar. that the present petition may be MA/245/2025 dated 01.07.2025 ngh Pannu vs. Simanjeet Sandhu’ urt, SAS Nagar be transferred to a ha, Sessions Division, Patiala. ing for the respondent-husband is aforesaid submissions of learned een made on behalf of the parties. I rties and carefully gone through the issions advanced on behalf of the iced hereinabove in para 2, which sfer, the legal position in such like , judgment of the Hon’ble Supreme I the the hich like eme RISHU KATARIA 2026.05.22 20:22 I attest to the accuracy and authenticity of this
order/judgment. TA-1402-20
Court render 2022 Live has held as u
7. Singh vs Ku Kishor Bab Supreme C application, consideratio legal proce allowed, tak should desis
8. aforesaid pr 2025 (O&M)
-3-
rendered in N.C.V. Aishwarya vs A ive Law (SC) 627, is notable, wherei ld as under:-
“9. The cardinal principle section 24 of the Code of Civil justice should demand the tra other proceeding. In matrimon are called upon to consider th have to take into consideratio both the parties, the social str behavioural pattern, their sta marriage and subsequent ther both the parties in eking out whose protective umbrella they to life. Given the prevailing so Indian society, generally, it is must be looked at while conside
10. Further, when two or mo different Courts between the common question of fact and la the cases are interdependent, it be tried together by the sa multiplicity in trial of the s decisions.”
Further reliance can be placed u vs Kumar Sanjay, 2002 SC 396 and Babulal Pardeshi, 2005(12) SCC me Court has observed that “w ion, the Courts are required to ration to the convenience of the fem roceedings from one Court to an , taking into consideration their c esist from putting female litigants un
Even this Court in number aid principle of law. Accordingly, i
vs A.S. Saravana Karthik Sha,” wherein the Hon’ble Supreme Court ple for exercise of power under ivil Procedure is that the ends of e transfer of the suit, appeal or imonial matters, wherever Courts r the plea of transfer, the Courts ation the economic soundness of l strata of the spouses and their r standard of life prior to the thereto and the circumstances of out their livelihood and under they are seeking their sustenance g socioeconomic paradigm in the it is the wife's convenience which sidering transfer.
r more proceedings are pending in the same parties which raise nd law, and when the decisions in nt, it is desirable that they should e same Judge so as to avoid he same issues and conflict of d upon the judgments in Sumita and Rajani Kishor Pardeshivs ) SCC 237, wherein the Hon’ble
“while deciding the transfer to give more weightage and e female litigants and transfer of o another should ordinarily be eir convenience and the Courts ts under undue hardships.” mber of cases has followed the ngly, it is well settled that while ha,” ourt er of or rts rts of eir he of er ce he ch in ise in ld id of RISHU KATARIA 2026.05.22 20:22 I attest to the accuracy and authenticity of this
order/judgment.
TA-1402-20
considering the wife, the custody of th health and convenience a male mem her place of travelling ex
9.
Rajani Kish (supra) pass appropriate conditions:
10.
refer the cas the possibilit 2025 (O&M)
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ering the transfer of a matrimonial di ife, the Court is to consider the fami y of the minor child, economic condi and earning capacity of the husba nience of the wife i.e. she cannot trave e member of her family, connectivity ace of residence as well as bearing ing expenses.
In view of the judgments i.e. Kishor Pardeshi’s case (supra) an ) passed by the Hon’ble Supreme riate to allow the present petition ions:- a) The petition filed by the No. HMA/245/2025 date 3) titled as ‘Jaspreet S Sandhu’ pending before SAS Nagar is transferre jurisdiction i.e. Family C Nabha.
b) The learned District Judg transfer complete record case to District Judge, Pa
c) The parties are directed t Judge, Patiala on 22.06.2
d) The District Judge, Pa petition to the Court of co
The concerned Court at Nabha he case before the Mediation and Con ssibility of some amicable settlement b
nial dispute/case, at the instance of e family condition of the wife, the condition of the wife, her physical husband and most important the t travel alone without assistance of ctivity of the place to and fro from aring of the litigation charges and s i.e. Sumita Singh’s case (supra), ra) and N.C.V. Aishwarya’s case reme Court, this Court deems it etition, subject to the following y the respondent-husband bearing 5 dated 01.07.2025 (Annexure P- reet Singh Pannu vs. Simanjeet before the learned Family Court, sferred to a Court of competent mily Court, Patiala Camp Court at ct Judge, SAS Nagar is directed to record pertaining to the aforesaid Patiala. ected to appear before the District .06.2026. Patiala will assign the said rt of competent jurisdiction. Nabha will make all endeavour to d Conciliation Centre for exploring ment between the parties.
RISHU KATARIA 2026.05.22 20:22 I attest to the accuracy and authenticity of this
order/judgment.
TA-1402-20
11.
between the calendar mon
12.
Bench of th Talwar; TA Singh; and
13.
14.
19.05.2026 rishu
2025 (O&M)
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The Court concerned, where en the parties, will accommodate t ar month.
I am supported by the decision of this Court in TA No. 1315/20 r; TA No. 1322 of 2022, Jaswind ; and TA No. 1323 of 2022, Usha Ran
The present petition stands disp
Pending application(s), if any, s 2026
Whether speaking/reasoned
Whether Reportable
where the litigation is pending date them with one date in one ecisions rendered by a Co-ordinate 315/2022, Rohini Arora v Nitin aswinder Kaur v Gurvinderjeet a Rani v Karmajit Singh.
disposed of, in the above terms. any, shall also stand disposed of.
( NIDHI GUPTA )
JUDGE Yes/No
Yes/No RISHU KATARIA 2026.05.22 20:22 I attest to the accuracy and authenticity of this
order/judgment.