IN THE HIGH COURT OF PUNJAB AND HARYANA 156 Ruchi Singla Sandeep Singh CORAM: Present:- NIDHI GUPTA J. (Oral) 1. of the petition bearing No.HMA/181/2025 filed by respondent under Section 13 of the Hindu Marriage Act,1955 (for short ‘the Act’) titled “Sandeep Singh vs. Ruchi S Malerkotla to a Court of competent jurisdiction at Ludhiana. 2. i) ii) iii) iv) Transfer Application No.1515 of 2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application Date of decision :-21.05.2026 Ruchi Singla Versus Singh CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Lalit Attri, Advocate for Mr. Jashanjot singh Uppal, Advocate for the applicant. Mr. Navdeep Jain, Advocate for Mr. Sunny K. Singla, Advocate for the respondent. GUPTA J. (Oral) Prayer in this petition filed by applicant of the petition bearing No.HMA/181/2025 filed by respondent under Section 13 of the Hindu Marriage Act,1955 (for short ‘the Act’) titled “Sandeep Singh vs. Ruchi Singla” pending in the Family Court, Malerkotla to a Court of competent jurisdiction at Ludhiana. 2. Learned counsel for the applicant has contended : that the parties were married on That no child was born out of this iii) that the applicant-wife is living separately from the respondent-husband since 26.7.2025 parents at their mercy at Malerkotla. iv) that the applicant is unemployed, having no source of income and totally dependent upon 1515 of 2025 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH No.1515 of 2025 (O & M) .05.2026 …..Applicant …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Jashanjot singh Uppal, Advocate Mr. Navdeep Jain, Advocate for Mr. Sunny K. Singla, Advocate Prayer in this petition filed by applicant-wife is for transfer of the petition bearing No.HMA/181/2025 filed by respondent-husband under Section 13 of the Hindu Marriage Act,1955 (for short ‘the Act’) ingla” pending in the Family Court, Malerkotla to a Court of competent jurisdiction at Ludhiana. Learned counsel for the applicant has contended :- that the parties were married on 15.12.2024. That no child was born out of this wedlock. wife is living separately from the 26.7.2025 and living with her parents at their mercy at Malerkotla. that the applicant is unemployed, having no source of income and totally dependent upon her parents; and the VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document v) v) vi) 3. transfer of the case, as detailed in para 1 above. 4. respondent submitted that prior to the marriage, the applicant a Competition Academy at Malerkotla. According to the respondent, on 26.07.2025, the applicant was removed from service on allegations of theft and on the same day she voluntarily left went to reside with her parents at Ludhiana. 5. actual distance between Ludhiana and Malerkotla is only about 40 kilometers applicant, approximately one hour State of Punjab provides free bus travel facilities to wome Transfer Application No.1515 of 2025 (O & M) respondent-husband is not paying anything to her towards maintenance. That the proceedings arising out of petition : (a) under Section 144 of BNSS for maintenance filed by the applicant-wife, are pending in the Courts having competent jurisdiction at Ludhiana. That the distance between place of residence of the applicant-wife i.e. Ludhiana and the place of proceedings under 13 of the Act, filed by the respondent pending before the Family Court, Malerkotla, is about kilometers one side. that there is no proficient male member in the family of the applicant, who can accompany her to visit and attend the Court of proceedings at Malerkotla because the parents are old aged persons and suffering from age related ail It is inter alia on these grounds that applicant prays for transfer of the case, as detailed in para 1 above. Per contra, learned counsel appearing on behalf of the respondent-husband has opposed the present transfer petition. It has been mitted that prior to the marriage, the applicant a Competition Academy at Malerkotla. According to the respondent, on 26.07.2025, the applicant was removed from service on allegations of theft and on the same day she voluntarily left went to reside with her parents at Ludhiana. Learned counsel for the respondent further submits that the actual distance between Ludhiana and Malerkotla is only about 40 kilometers and not 60 kilometers as stated by learned counsel for the applicant, and the said distance can conveniently be covered within approximately one hour journey. It has also been pointed out that the State of Punjab provides free bus travel facilities to wome 1515 of 2025 (O & M) 2 husband is not paying anything to her towards That the proceedings arising out of petition :- Section 144 of BNSS for maintenance wife, are pending in the Courts mpetent jurisdiction at Ludhiana. That the distance between place of residence of the and the place of proceedings of the Act, filed by the respondent-husband, pending before the Family Court, Malerkotla, is about 60 that there is no proficient male member in the family of the applicant, who can accompany her to visit and attend the Court of proceedings at Malerkotla because the parents are old aged persons and suffering from age related ailments. on these grounds that applicant prays for transfer of the case, as detailed in para 1 above. , learned counsel appearing on behalf of the husband has opposed the present transfer petition. It has been mitted that prior to the marriage, the applicant-wife was doing job in a Competition Academy at Malerkotla. According to the respondent, on 26.07.2025, the applicant was removed from service on allegations of theft and on the same day she voluntarily left the matrimonial home and went to reside with her parents at Ludhiana. Learned counsel for the respondent further submits that the actual distance between Ludhiana and Malerkotla is only about 40-45 and not 60 kilometers as stated by learned counsel for the can conveniently be covered within . It has also been pointed out that the State of Punjab provides free bus travel facilities to women and, VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document therefore, the applicant cannot claim any serious attending the Court proceedings at Malerkotla. 6. demonstrate any physical incapacity, medical condition or other compelling circumstance which may prevent her from travelling the said distance on the dates fixed before the Court. 7. carefully considered the rival submissions made before this Court. 8. arising out of matrimonial disputes, the convenience of the wife ordinarily deserves due consideration. However, the said principle is not an inflexible rule and each case is required to be examined on t of its own facts and attending circumstances. 9. Malerkotla is admittedly not substantial and can conveniently be covered within a short duration. The applicant the dates fixed in the proceedings and not on a daily basis. No material has been placed on record to establish that the applicant is suffering from any physical, mental or medical condition which renders her incapable of undertaking such travel. 10. regarding inconvenience and financial dependence, no exceptional circumstance has been pleaded or demonstrated so as to warrant exercise of the discretionary jurisdiction of this Court for trans matrimonial proceedings. Transfer Application No.1515 of 2025 (O & M) therefore, the applicant cannot claim any serious attending the Court proceedings at Malerkotla. It has further been contended that the applicant has failed to demonstrate any physical incapacity, medical condition or other compelling circumstance which may prevent her from travelling the said distance on the dates fixed before the Court. I have heard learned counsel for the parties and have carefully considered the rival submissions made before this Court. It is well settled that while adjudicating transfer petitions arising out of matrimonial disputes, the convenience of the wife ordinarily deserves due consideration. However, the said principle is not an inflexible rule and each case is required to be examined on t of its own facts and attending circumstances. In the present case, the distance between Ludhiana and Malerkotla is admittedly not substantial and can conveniently be covered within a short duration. The applicant-wife is required to travel the dates fixed in the proceedings and not on a daily basis. No material has been placed on record to establish that the applicant is suffering from any physical, mental or medical condition which renders her incapable of undertaking such travel. This Court also finds that except for general assertions regarding inconvenience and financial dependence, no exceptional circumstance has been pleaded or demonstrated so as to warrant exercise of the discretionary jurisdiction of this Court for trans matrimonial proceedings. 1515 of 2025 (O & M) 3 therefore, the applicant cannot claim any serious financial hardship in attending the Court proceedings at Malerkotla. It has further been contended that the applicant has failed to demonstrate any physical incapacity, medical condition or other compelling circumstance which may prevent her from travelling the said distance on the dates fixed before the Court. I have heard learned counsel for the parties and have carefully considered the rival submissions made before this Court. l settled that while adjudicating transfer petitions arising out of matrimonial disputes, the convenience of the wife ordinarily deserves due consideration. However, the said principle is not an inflexible rule and each case is required to be examined on the basis of its own facts and attending circumstances. In the present case, the distance between Ludhiana and Malerkotla is admittedly not substantial and can conveniently be covered wife is required to travel only on the dates fixed in the proceedings and not on a daily basis. No material has been placed on record to establish that the applicant is suffering from any physical, mental or medical condition which renders her incapable This Court also finds that except for general assertions regarding inconvenience and financial dependence, no exceptional circumstance has been pleaded or demonstrated so as to warrant exercise of the discretionary jurisdiction of this Court for transfer of the VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document 11. cases of transfer emanating from matrimonial disputes is in favour of the wife. However, in certain similar cases as the present one, the Hon’ble Supreme Court such case which may be referred to is: Vs. Srijit Das circumstances dismissed the wife’s application seeking transfer petition filed by the husband. to two cases of this Court where, in similar circumstances this Court had dismissed transfer applications filed on behalf of the wife. These are: no. 126 of 2018 Smt. Akhwinder K TA No. 299 of 2019 Nisha alias Manisha vs. Amarveer Yadav. 12. of the present case, particularly the comparatively short distance between the two places, the absenc by the applicant petitions, this Court is of the considered opinion that no ground is made out for transfer of the petition pending before the learned Family Court, Malerkotla. 13. application, the same is hereby dismissed. May 21, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No Transfer Application No.1515 of 2025 (O & M) This Court is well aware of the preponderance of law in of transfer emanating from matrimonial disputes is in favour of the wife. However, in certain similar cases as the present one, the Hon’ble Supreme Court, as well as this Court have refused relief to the wife. One such case which may be referred to is: (2006) 9 SCC 197 Vs. Srijit Das’ wherein Hon’ble Supreme Court under similar circumstances dismissed the wife’s application seeking transfer petition filed by the husband.Reference in this regard may also be made to two cases of this Court where, in similar circumstances this Court had dismissed transfer applications filed on behalf of the wife. These are: no. 126 of 2018 Smt. Akhwinder Kaur Vs. Sh. Gurpreet Singh; TA No. 299 of 2019 Nisha alias Manisha vs. Amarveer Yadav. Keeping in view the totality of the facts and circumstances of the present case, particularly the comparatively short distance between the two places, the absence of any exceptional hardship shown by the applicant-wife, and the settled legal position governing transfer petitions, this Court is of the considered opinion that no ground is made out for transfer of the petition pending before the learned Family Court, Malerkotla. Accordingly, finding no merit in the present transfer application, the same is hereby dismissed. Pending application(s), if any, shall stand(s) disposed of. , 2026 Vijay Asija speaking/reasoned Yes / No Whether Reportable Yes / No 1515 of 2025 (O & M) 4 This Court is well aware of the preponderance of law in of transfer emanating from matrimonial disputes is in favour of the wife. However, in certain similar cases as the present one, the Hon’ble , as well as this Court have refused relief to the wife. One (2006) 9 SCC 197 ‘Anindita Das ’ wherein Hon’ble Supreme Court under similar circumstances dismissed the wife’s application seeking transfer of Reference in this regard may also be made to two cases of this Court where, in similar circumstances this Court had dismissed transfer applications filed on behalf of the wife. These are: TA aur Vs. Sh. Gurpreet Singh; and TA No. 299 of 2019 Nisha alias Manisha vs. Amarveer Yadav. Keeping in view the totality of the facts and circumstances of the present case, particularly the comparatively short distance e of any exceptional hardship shown wife, and the settled legal position governing transfer petitions, this Court is of the considered opinion that no ground is made out for transfer of the petition pending before the learned Family Court, Accordingly, finding no merit in the present transfer Pending application(s), if any, shall stand(s) disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document