IN TH 113 Rajdeep K Sunny Kum CORAM: Present:- NIDHI GU 1. transfer of 12(2)(a)(i) Act’) beari Kaur” (An Family Cou at Ludhiana 2. i) ii) TA-186-2026 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Transfer Application No Date of decision :-12.05 eep Kaur Versus y Kumar AM:- HON'BLE MS. JUSTICE NI Mr. Hardik Ahluwalia, Advoc for the petitioner. Mr. Raghav Monga, Advocate Mr. Nitish Handa, Advocate a Mr. Deepak Sharma, Advocate HI GUPTA J. (Oral) Prayer in this petition filed fer of the petition filed by responden )(a)(i) and 13 of the Hindu Marriage ) bearing DMC/315/2025 titled as “S ” (Annexure P-2) pending in the C ily Court, Fatehgarh Sahib to a Court dhiana. Learned counsel for the petitio That the parties were married to Sikh rites and rituals. That a female child was born date of birth is 20.12.2022 and of the petitioner. 1 UNJAB AND HARYANA IGARH ion No.186 of 2026 (O & M) .05.2026 …..Petitioner …..Respondent E NIDHI GUPTA Advocate vocate with cate and vocate for the respondent. filed by petitioner-wife is for ondent-husband under Sections rriage Act,1955 (for short ‘the as “Sunny Kumar vs. Rajdeep the Court of Principal Judge, Court of competent jurisdiction petitioner submits :- arried on 14.11.2021 according born out of this wedlock, whose 22 and is in the care and custody VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document iii) iv) v) vi) vii) 3. transfer of 4. controvert learned co proceeding respondent Ludhiana. TA-186-2026 (O & M) iii) That the petitioner-wife is l respondent-husband since alongwith her minor child age at their mercy at Ludhiana. iv) That the petitioner is unempl income and totally dependent and the respondent-husband is towards maintenance. That the proceedings arising o (a) under the Prote Domestic Violenc filed by the petitioner-wife, having competent jurisdiction vi) That the distance between p petitioner-wife i.e. Ludhia proceedings under Section 12 filed by the respondent-husb Principal Judge, Family Court 64 kilometers on one side. vii) That there is no proficient ma petitioner who can accompa proceedings at Fatehgarh Sahi It is inter alia on these groun fer of the case, as detailed in para 1 ab Learned counsel for the respon rovert the above said facts, however, o ed counsel for the petitioner re eedings under Section 12(2)(1)(i) and ndent-husband to the Court of c iana. 2 e is living separately from the ce 18.4.2023 and living ild aged 03 years with her parents nemployed, having no source of ndent upon her old aged parents and is not paying anything to her ising out of petition :- Protection of Women from iolence Act, 2005 wife, are pending in the Courts iction at Ludhiana. een place of residence of the udhiana and the place of 12(2)(1)(i) and 13 of the Act, husband, pending before the Court, Fatehgarh Sahib, is about nt male member in the family of company her to the Court of h Sahib. grounds that petitioner prays for ra 1 above. respondent is not in a position to ever, oppose the prayer made by er regarding transfer of the (i) and 13 of the Act, filed by the of competent jurisdiction at VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document 5. the case file 6. is well esta Court rend Sha,” 202 Hon’ble Su 7. “Sumita S Kishor Pa wherein th deciding th weightage litigants an TA-186-2026 (O & M) I have heard learned counsel ase file. The legal position in such lik ll established. In this regard, judgmen t rendered in N.C.V. Aishwarya vs 022 Live Law (SC) 627, is m ’ble Supreme Court has held as under: “9. The cardinal principle for ex section 24 of the Code of Civil Pro justice should demand the transfe other proceeding. In matrimonial m are called upon to consider the ple have to take into consideration the both the parties, the social strata behavioural pattern, their standa marriage and subsequent thereto a both the parties in eking out the whose protective umbrella the sustenance to life. Given the pr paradigm in the Indian society, g convenience which must be look transfer. 10. Further, when two or more pro different Courts between the sam common question of fact and law, in the cases are interdependent, should be tried together by the sam multiplicity in trial of the same decisions.” Further reliance can be place ita Singh vs Kumar Sanjay”, 20 or Pardeshivs Kishor Babulal Pard ein the Hon’ble Supreme Court h ing the transfer application, the Court htage and consideration to the co nts and transfer of legal proceedings 3 unsel for the parties and perused ch like cases as the present one, dgment of the Hon’ble Supreme ya vs A.S. Saravana Karthik , is most relevant wherein the nder:- for exercise of power under il Procedure is that the ends of transfer of the suit, appeal or onial matters, wherever Courts the plea of transfer, the Courts on the economic soundness of strata of the spouses and their standard of life prior to the ereto and the circumstances of ut their livelihood and under la they are seeking their the prevailing socioeconomic iety, generally, it is the wife's looked at while considering ore proceedings are pending in he same parties which raise d law, and when the decisions dent, it is desirable that they the same Judge so as to avoid same issues and conflict of e placed upon the judgments in ”, 2002 SC 396 and “Rajani Pardeshi”, 2005(12) SCC 237, ourt has observed that “while Courts are required to give more he convenience of the female dings from one Court to another VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document should ord convenienc litigants un 8. aforesaid p considering of the wife the custody physical h important t without ass the place to the litigatio 9. i.e. Sumita (supra) and Supreme C petition, su TA-186-2026 (O & M) ld ordinarily be allowed, taking enience and the Courts should de nts under undue hardships.” Even this Court in number o said principle of law. Accordingly, i idering the transfer of a matrimonial d e wife, the Court is to consider the fam ustody of the minor child, economic ical health and earning capacity o rtant the convenience of the wife i.e out assistance of a male member of h lace to and fro from her place of resid itigation charges and travelling expens In view of the facts mentioned umita Singh’s case (supra), Rajan ra) and N.C.V. Aishwarya’s case (sup eme Court, this Court deems it appro ion, subject to the following conditions a) The petition filed by r Sections 12(2)(a)(i) an Act,1955, bearing No. ‘Sunny Kumar vs. Rajd Court of Principal Judg Sahib is transferred t jurisdiction at Ludhiana 4 aking into consideration their ld desist from putting female mber of cases has followed the gly, it is well settled that while onial dispute/case, at the instance the family condition of the wife, nomic condition of the wife, her city of the husband and most ife i.e. she cannot travel alone er of her family, connectivity of f residence as well as bearing of xpenses. ntioned above and the judgments Rajani Kishor Pardeshi’s case se (supra) passed by the Hon’ble appropriate to allow the present ditions:- d by respondent husband under )(i) and 13 of Hindu Marriage g No. DMC/315/2025 titled as s. Rajdeep Kaur’, pending in the l Judge, Family Court, Fatehgarh rred to a Court of competent dhiana. VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document 8. endeavour Centre for between th 9. between th calendar m 11. ordinate Be Nitin Tal Gurvinder Karmajit S May 12, 20 Vijay Asija Whether spea Whether Repo TA-186-2026 (O & M) b) The ld. District Judge, to transfer complete aforesaid case to Distric c) The parties are direct District & Sessions Judg d) The District Judge, Lud petition to the Court of c The concerned Court at avour to refer the case before the M re for exploring the possibility of s n the parties. The Court concerned, wher een the parties, will accommodate th dar month. I am supported by the deci ate Bench of this Court in TA No. 13 Talwar; TA No. 1322 of 20 vinderjeet Singh; and TA No. 132 ajit Singh. Disposed of. Pending application(s), if any, , 2026 r speaking/reasoned Yes / No r Reportable Yes / No 5 ge, Fatehgarh Sahib is directed plete record pertaining to the District Judge, Ludhiana. directed to appear before the ns Judge, Ludhiana on 15.6.2026. Ludhiana will assign the said urt of competent jurisdiction. t at Ludhiana will make all the Mediation and Conciliation y of some amicable settlement where the litigation pending date them with one date in one e decisions rendered by a Co- No. 1315/2022, Rohini Arora v f 2022, Jaswinder Kaur v . 1323 of 2022, Usha Rani v if any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document