TA-111-202 IN THE HIG 208 Nisha Ravinder CORAM: H Present: - NIDHI GUP 1. seeking trans of the Hind HMA/123/20 before the l jurisdiction 2. upon the res behalf today this petition 3. under: 2026 -1- E HIGH COURT OF PUNJAB AND HA TA-11 Date o Versus M: HON'BLE MS. JUSTICE NIDH Mr. Kuldeep Khandelwal, Advo I GUPTA, J. (ORAL) By way of filing the present pe g transfer of petition filed by responde Hindu Marriage Act,1955 (for sh /123/2025 (Annexure P-1) titled as ‘ the learned Family Court, Narnaul ction at Pataudi, Sessions Division, Gu Though ordinary as well as the respondent through his mother but today, despite the case having been tition is being decided in his absence. Learned counsel for the petitio i) The parties solemnized according to Hindu Rites ND HARYANA AT CHANDIGARH 111-2026 Date of Decision: 14.05.2026 .… Petitioner .... Respondent NIDHI GUPTA , Advocate for the petitioner. sent petition, the petitioner-wife is spondent-husband under Section 9 for short-‘the Act’) bearing No. as ‘Ravinder vs. Nisha’ pending arnaul to a Court of competent ion, Gurugram. l as dasti notice has been served but no one is appearing on his been called twice. Accordingly, sence. petitioner, inter alia, submits as nized marriage on 23.11.2018 Rites and Ceremonies. RISHU KATARIA 2026.05.18 19:25 I attest to the accuracy and authenticity of this order/judgment. TA-111-202 2026 -2- ii) One daughter was born 03.03.2021, who is prese of the petitioner-mother. iii) Due to matrimonial dis separately since January, iv) One petition bearing N petitioner-wife under Sec maintenance is pending Family Court at Pa Gurugram in which appearance. v) At present the petitione daughter at her parental distance between the petitioner and place of about 95 kilometers on connectivity of bus b Narnaul and the petition travel from Farrukh Nag difficult for her to unde case from Barnala to daughter. born out of the said wedlock on presently in the care and custody other. ial discord the parties are living nuary, 2024. ring No. 47/2025 filed by the er Section 144 of BNSS, 2023 for ending adjudication before the t Pataudi, Sessions Division hich respondent is putting in titioner is residing with her minor rental him in Farrukh Nagar and the the place of residence of the ace of proceedings at Narnaul is ers on one side. There is no direct bus between Farrukh Nagar to etitioner has to change 04 buses to kh Nagar to Narnaul. As such, it is o undertake frequent travel for the to Bathinda along with minor RISHU KATARIA 2026.05.18 19:25 I attest to the accuracy and authenticity of this order/judgment. TA-111-202 4. allowed and pending bef Court of com 5. petitioner. gone throug behalf of the 6. sufficient gro established. rendered in Live Law (S held as unde 2026 -3- vi) The petitioner jobless a and she is fully depend parents. It is accordingly, prayed that d and petition bearing No. HMA g before the learned Family Court, of competent jurisdiction at Pataudi, S No other argument has bee . I have heard learned counsel for through the case file. I find merit in t the petitioner. Besides the facts as noticed h ent grounds for transfer, the legal posi ished. In this regard, judgment of ed in N.C.V. Aishwarya vs A.S. Sa aw (SC) 627, is notable, wherein the s 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 less and has no source of income dependent upon the mercy of her that the present petition may be HMA/123/2025 (Annexure P-1) ourt, Narnaul be transferred to a udi, Sessions Division, Gurugram. s been made on behalf of the sel for the petitioner and carefully in the submissions advanced on iced hereinabove, which constitute al position in such like cases is well t of the Hon’ble Supreme Court .S. Saravana Karthik Sha,” 2022 ein the Hon’ble Supreme Court has 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 itute well ourt 022 has er of or rts rts of eir he of er RISHU KATARIA 2026.05.18 19:25 I attest to the accuracy and authenticity of this order/judgment. TA-111-202 7. Singh vs Ku Kishor Bab Supreme C application, consideratio legal proce allowed, tak should desis 8. aforesaid pr considering the wife, the custody of th health and convenience a male mem 2026 -4- 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 r 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 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 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 aced 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 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 ce he ch in ise in ld id of RISHU KATARIA 2026.05.18 19:25 I attest to the accuracy and authenticity of this order/judgment. TA-111-202 her place of travelling ex 9. Rajani Kish (supra) pass appropriate conditions: 10. to refer the exploring the 2026 -5- ace of residence as well as bearing ing expenses. In view of the judgments i.e. i Kishor Pardeshi’s case (supra) an ) passed by the Hon’ble Supreme riate to allow the present petition ions:- a) The petition bearing No. P-1) titled as ‘Ravinder vs. learned Family Court, Narnaul competent jurisdiction i.e. learn Sessions Division, Gurugram. b) The learned District Ju transfer complete record pertai District Judge, Gurugram. c) The parties are directed Judge, Gurugram on 16.06.2026 d) The District Judge, Gur petition to the Court of compete The concerned Court at Gurug er the case before the Mediation a ing the possibility of some amicable se 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 g No. HMA/123/2025 (Annexure vs. Nisha’ pending before the arnaul is transferred to a Court of learned Family Court at Pataudi, ict Judge, Narnaul is directed to pertaining to the aforesaid case to ected to appear before the District 6.2026. Gurugram will assign the said mpetent jurisdiction. Gurugram will make all endeavour tion and Conciliation Centre for able settlement between the parties. RISHU KATARIA 2026.05.18 19:25 I attest to the accuracy and authenticity of this order/judgment. TA-111-202 11. between the calendar mon 12. Bench of th Talwar; TA Singh; and 13. 14. 14.05.2026 rishu 2026 -6- The Court concerned, where en the parties, will accommodate t ar month. I am supported by the decision of this Court in TA No. 1315/2 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 2026.05.18 19:25 I attest to the accuracy and authenticity of this order/judgment.