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TA-1526-2025 (O&M) --1-- 245 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-1526-2025 (O&M) Decided on:-10.07.2026 Jyoti Rani ….Applicant. vs. Shampal Singh ….Respondent.
CORAM:
HON'BLE MR. JUSTICE HARKESH MANUJA Present: Ms. Dhwani Sharma, Advocate for Mr. Jaspal Singh Maanipur, Advocate, for the applicant. Mr. M.K. Singla, Advocate for the respondent. ***** HARKESH MANUJA J. (Oral)
1. The applicant-wife, by way of present application, seeks transfer of petition bearing No.HMA/135/2025 (Annexure P-1), titled “Shampal Singh vs. Jyoti Rani”, filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) at the instance of respondent-husband; from the Court of learned Additional Principal Judge, Family Court, Moonak, District Sangrur to the competent Court of jurisdiction at Ambala.
2. Briefly stating, the marriage between the applicant and respondent was solemnized on 24.03.2022; out of their wedlock, a girl child namely, Jaishnavi was born; on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of the 1955 Act, came to be preferred at the instance of respondent-husband. Thereupon, the present SONIKA 2026.07.15 09:52 I attest to the accuracy and authenticity of this document
TA-1526-2025 (O&M) --2-- application seeking transfer thereof came to be filed by the applicant-wife.
3.
Learned counsel for the applicant submits that the applicant is residing alongwith her daughter at her parental home at Ambala. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Moonak to Family Court, Ambala.
4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant.
5. I have heard learned counsel for the parties and gone through the paper-book.
6. As per the averments made in the present transfer application, the applicant-wife has no independent source of income and is solely dependent on her parents at Ambala which is about 120 Kms away from Moonak, District Sangrur. Besides it, the applicant is also taking care of her daughter, namely, Jaishnavi.
7. Further reliance can be placed upon the judgments in “Sumita Singh vs Kumar Sanjay”, 2002 SC 396 and “Rajani Kishor Pardeshivs Kishor Babulal Pardeshi”, 2005(12) SCC 237, wherein the Hon’ble Supreme Court has observed that “while deciding the transfer application, the Courts are required to give more weightage and consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships.”
8. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, it would be in the interest of justice that applicant can SONIKA 2026.07.15 09:52 I attest to the accuracy and authenticity of this document
TA-1526-2025 (O&M) --3-- pursue her case effectively where she along with her daughter is residing. Consequently the transfer application is allowed and the petition under Section 13 of the 1955 Act i.e. HMA/135/2025, titled “Shampal Singh vs. Jyoti Rani”, filed by the respondent-husband, stands transferred from the Court of ld. Principal Judge, Family Court, Moonak to the Family Court, Ambala. The requisite record of the aforesaid case be sent by the learned Court, Moonak to the Court concerned.
9. Pending miscellaneous application(s), if any, shall also stand
disposed off. 10.07.2026
(HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.15 09:52 I attest to the accuracy and authenticity of this document