IN TH 230 Nidhi Sachin CORAM: Present:- NIDHI GU the applica respondent Hindu Ma DMC/523/ before the Court of co 2. under:- TA-1438-2025 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Transfer Application No Date of decision :-19.05 Versus AM:- HON'BLE MS. JUSTICE NI Mr. Ajay Bhardwaj, Advocate for the applicant. Mr. C.M. Rathee, Advocate for the respondent. HI GUPTA J. (Oral) 1. The present transfer ap pplicant-wife seeking transfer of the ndent-husband under Sections 13(1 u Marriage Act, 1955 (for short, /523/2025 titled as “Sachin vs. Nidhi re the Court of the Principal Judge, F t of competent jurisdiction at Gurugram Learned counsel for the ap i) That the marriage b solemnized on 27.11.2 Hindu rites and ceremon ii) That no child was born 1 UNJAB AND HARYANA IGARH ion No.1438 of 2025 (O & M) .05.2026 …..Applicant …..Respondent E NIDHI GUPTA vocate fer application has been filed by of the petition instituted by the 13(1)(ia) and 13(1)(iii) of the short, “the Act”), bearing No. idhi” (Annexure P-1), pending dge, Family Court, Rohtak, to a rugram. the applicant has submitted as e between the parties was 27.11.2023 in accordance with eremonies. born out of the said wedlock. VIJAY ASIJA 2026.05.22 18.58 I attest to the accuracy and integrity of this document 3. the petition 4. respondent and submit Court. It i Rohtak and (Annexure further sub along with the materna TA-1438-2025 (O & M) iii) That the applicant- separately from the January 2025. iv) That the applicant is independent source o submitted that the fath the applicant had exp marriage and, therefore, maternal uncle at Guru family member to look that on account of her unable to undertake tra approximately 80 kilom Rohtak. v) That no other litigatio pending, except the 13(1)(ia) and 13(1)(iii) o subject matter of the pre On the aforesaid grounds, the etition, as detailed in paragraph 1 abov Per contra, learned counsel a ndent has opposed the prayer made ubmitted that the applicant has concea t. It is contended that the applicant ak and not Gurugram, as is evident exure R-1) appended with the reply fi er submitted that the applicant is pr h her mother. Learned counsel for the respo aternal uncle of the applicant is servi 2 -wife has been residing the respondent-husband since nt is unemployed and has no rce of income. It is further e father and younger brother of d expired much prior to her refore, she was brought up by her Gurugram, there being no other o look after her. It is contended of her financial condition, she is ke travel covering a distance of kilometers from Gurugram to igation between the parties is the petition under Sections 1)(iii) of the Act, which forms the the present transfer application. s, the applicant seeks transfer of 1 above. nsel appearing on behalf of the made in the present application concealed material facts from this plicant is, in fact, a resident of vident from the Marriage Card eply filed by the respondent. It is t is presently residing at Rohtak respondent further submits that s serving in the Haryana Police at VIJAY ASIJA 2026.05.22 18.58 I attest to the accuracy and integrity of this document Gurugram filed only w It is conten failed to p residence th was solemn within the Marriage C reflected as 5. perused the 6. dispute tha substantiate maternal un 7. controvert the matern Haryana Po was solemn 8. applicant t approximat purposes o Court. TA-1438-2025 (O & M) gram and, therefore, the present tran only with a view to exert pressure upo contended that the applicant never res d to produce any documentary proof ence there. It is also submitted that the m solemnized at Rohtak and, therefore, in the territorial jurisdiction of the Co iage Card (Annexure R-1), the ad cted as Rohtak. I have heard learned counsel sed the record of the case with due care Learned counsel for the app te that the applicant has failed to plac tantiate her plea that she has been resi rnal uncle throughout her life. Learned counsel for the ap rovert the submissions advanced on be aternal uncle of the applicant is se ana Police at Gurugram and that the m solemnized at Rohtak, where the cause No cogent or convincing reas cant to establish that she is unable oximately 80 kilometers between Gur oses of attending the proceedings b 3 nt transfer application has been ure upon the respondent-husband. ver resided at Gurugram and has proof in support of her alleged the marriage between the parties refore, the cause of action arose he Courts at Rohtak. Even in the he address of the applicant is ounsel for the parties and have ue care. e applicant has been unable to to place on record any material to en residing at Gurugram with her he applicant is also unable to on behalf of the respondent that t is serving as an officer in the t the marriage between the parties cause of action also arose. g reason has been shown by the unable to travel the distance of en Gurugram and Rohtak for the ings before the learned Family VIJAY ASIJA 2026.05.22 18.58 I attest to the accuracy and integrity of this document 9. cases of tra the wife. H Hon’ble Su the wife. O 197 ‘Anind under sim transfer of also be m circumstan behalf of th Kaur Vs. S Manisha v 10. the present above, find May 19, 20 Vijay Asija Whether spea Whether Repo TA-1438-2025 (O & M) This Court is well aware of th of transfer emanating from matrimon ife. However, in certain similar cas ’ble Supreme Court, as well as this C ife. One such case which may be re ‘Anindita Das Vs. Srijit Das’ where r similar circumstances dismissed the fer of petition filed by the husband.Re be made to two cases of this mstances this Court had dismissed tra lf of the wife. These are: TA no. 126 r Vs. Sh. Gurpreet Singh; and TA N isha vs. Amarveer Yadav. Accordingly, in view of the resent case as noted above, as also the e, finding no merit in this petition, the Pending application(s) if any s , 2026 r speaking/reasoned Yes / No r Reportable Yes / No 4 e of the preponderance of law in trimonial disputes is in favour of lar cases as the present one, the this Court have refused relief to be referred to is: (2006) 9 SCC wherein Hon’ble Supreme Court ed the wife’s application seeking Reference in this regard may this Court where, in similar sed transfer applications filed on 126 of 2018 Smt. Akhwinder TA No. 299 of 2019 Nisha alias f the facts and circumstances of lso the precedents of Case law as the same is hereby dismissed. f any stand disposed of. ( NIDHIGUPTA ) JUDGE VIJAY ASIJA 2026.05.22 18.58 I attest to the accuracy and integrity of this document