TA-198-202 IN THE HIG 110 Manpreet Ka Harwinder S CORAM: H Present: - NIDHI GUP 1. seeking tran 13(1)(ia) and Act’) bearin Singh vs. Camp Court Camp at Sar 2. under: 2026 -1- E HIGH COURT OF PUNJAB AND HA TA-19 Date o reet Kaur Versus nder Singh M: HON'BLE MS. JUSTICE NIDH Mr. JK Singla, Advocate for the Respondent already proceeded Vide order dated 08.05.2026. I GUPTA, J. (ORAL) By way of filing the present pe g transfer of petition filed by respond ia) and 13(1)(ib) of the Hindu Marria bearing No. HMA/124/2025 (Annexu vs. Manpreet Kaur’ pending before Court at Moonak, Sessions Division, S at Sardulgarh, Sessions Division, Man Learned counsel for the petitio i) Marriage of the petition solemnized on 18.02.202 ii) No child was born out of iii) Due to matrimonial disc separately since April, 20 iv) There are 03 cases filed b are pending adjudicatio ND HARYANA AT CHANDIGARH 198-2026 Date of Decision: 20.05.2026 .… Petitioner .... Respondent NIDHI GUPTA for the petitioner. eded ex parte sent petition, the petitioner-wife is espondent-husband under Sections Marriage Act, 1955 (for short-‘the nnexure P-1) titled as ‘Harwinder before the learned Family Court, ision, Sangrur to the Family Court, n, Mansa. petitioner, inter alia, submits as etitioner with the respondent was 2.2022. out of the said wedlock. al discord the parties are residing ril, 2022. filed by the petitioner-wife which dication before the Courts at RISHU KATARIA 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment. TA-198-202 3. allowed; and as ‘Harwind Family Cou transferred Mansa. 4. I have heard 2026 -2- Sardulgarh, Sessions Div under:- (a) Petition under Sect MNT No. 43 of learned Family C Sessions Division M (b) Criminal case arisi 23.11.2022 register 406 IPC, pending Sardulgarh; and (c) Petition filed unde of Women from D pending before the Ist Class, Sardulga v) The petitioner has no residing with her old aged vi) The distance between petitioner-wife i.e. Sard proceedings filed by t Moonak is about 75-80 k very difficult for her Sardulgarh to Moona proceedings. vii) The petitioner is facing th of respondent-husband. It is accordingly, prayed that and petition bearing No. HMA/12 arwinder Singh vs. Manpreet Kaur y Court, Camp Court at Moonak, Se to the Family Court, Camp at S No other argument has been ma heard learned counsel for the petition ns Division, Mansa; which are as er Section 125 Cr.P.C. bearing No. 43 of 2022 pending before the ily Court, Camp at Sardulgarh, ision Mansa; e arising out of FIR No. 110 dated egistered under section 498-A and ending before the learned JMIC, d under Section 12 the Protection rom Domestic Violence Act, 2005 re the learned Judicial Magistrate rdulgarh. s no source of income and is ld aged parents. een place of residence of the Sardulgarh and the place of by the respondent-husband at 80 kilometers on one side. It is her to frequently travel from oonak to attend the Court cing threat to her life at the hands that the present petition may be A/124/2025 (Annexure P-1) titled Kaur’ pending before the learned ak, Sessions Division, Sangrur be p at Sardulgarh, Sessions Division, en made on behalf of the petitioner. etitioner and carefully gone through . ugh RISHU KATARIA 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment. TA-198-202 the case file petitioner. 5. sufficient gro established. rendered in Live Law (S held as unde 6. Singh vs Ku Kishor Bab Supreme C application, consideratio 2026 -3- se file. I find merit in the submission 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 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 issions advanced on behalf of the 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 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 the itute well ourt 022 has er of or rts rts of eir he of er ce he ch in ise in ld id of RISHU KATARIA 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment. TA-198-202 legal proce allowed, tak should desis 7. aforesaid pr considering the wife, the custody of th health and convenience a male mem her place of travelling ex 8. Rajani Kish (supra) pass appropriate conditions: 2026 -4- 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 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 HMA/124/20 ‘Harwinder Singh vs. before the learned Fam Moonak, Sessions Divisi the Family Court, Cam Division, Mansa. b) The learned District Jud transfer complete record case to District Judge, Ma 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 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 /124/2025 (Annexure P-1) titled as vs. Manpreet Kaur’ pending Family Court, Camp Court at Division, Sangrur is transferred to , Camp at Sardulgarh, Sessions ict Judge, Sangrur is directed to record pertaining to the aforesaid Mansa. RISHU KATARIA 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment. TA-198-202 9. refer the cas the possibilit 10. between the calendar mon 11. Bench of th Talwar; TA Singh; and 12. 13. 20.05.2026 rishu 2026 -5- c) The parties are directed t Judge, Mansa on 22.06.20 d) The District Judge, M petition to the Court of co The concerned Court at Mans he case before the Mediation and Con ssibility of some amicable settlement b The Court concerned, where en the parties, will accommodate t ar month. I am supported by the decision of this Court in TA No. 1315/20 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 ected to appear before the District 2.06.2026. Mansa will assign the said rt of competent jurisdiction. Mansa will make all endeavour to d Conciliation Centre for exploring ment between the parties. 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 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment.