IN TH 117 Reeta Gos Anil Kamb CORAM: Present:- NIDHI GU 1. transfer of 13(1)(ia) bearing H Goswami” Family Co jurisdiction 2. i) ii) Transfer Application No.652 of 2026 IN THE HIGH COURT OF PUNJA AT CHANDIGAR Transfer Application N Date of decision :-13.05 a Goswami Versus Kamboj AM:- HON'BLE MS. JUSTICE NI Mr. Saket Bhandari, Advocate for the applicant. HI GUPTA J. (Oral) Prayer in this petition filed fer of the petition filed by responden of the Hindu Marriage Act,19 ng HMA/117/2026, titled as “A ami” (Annexure P-1) pending in the ily Court, SAS Nagar, Mohali to diction at Karnal. Learned counsel for the applic That the parties were married Hindu rites and rituals. That two male children were on 17.3.2015 and 06.2.2018 re in her care and custody, at Karnal. 2026 (O & M) 1 UNJAB AND HARYANA IGARH tion No.652 of 2026 (O & M) .05.2026 …..Applicant …..Respondent E NIDHI GUPTA vocate filed by applicant-wife is for pondent-husband under Section ct,1955 (for short ‘the Act’) “Anil Kamboj vs. Reeta in the Court of Principal Judge, to a Court of competent applicant submits :- arried on 27.4.2013 according to were born out of this wedlock, 018 respectively and are residing at her matrimonial home at VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document iii) v) vi) vii) 3. transfer of 4. Transfer Application No.652 of 2026 iii) That the applicant is working the office of BDO, Karnal and house and alongwith in-laws children as well as her mo residing in Sector 7, Karnal hand, the respondent-husba Cholamandalam General Insu Chandigarh and because of n travel to different places near C It is submitted by learned cou the respondent-husband had with the applicant and after came to know that the respo said petition under Section 13 her and no other proceedings pending between the parties. by learned counsel for the app residing with her in-laws, how used to reside at her matrimon address as mentioned in the M vi) That the distance between p applicant-wife i.e. Karnal and under Section 13(1)(ia) of respondent-husband, pending Family Court, SAS Nagar, kilometers on one side. vii) That being female and as she mother as well as two minor c difficult for her to visit SAS N Court. It is inter alia on these groun fer of the case, as detailed in para 1 ab I have heard learned counsel fo 2026 (O & M) 2 orking as Date Entry Operator in nal and is residing in her in-laws laws taking care of her minor er mother and sister who are arnal, Haryana. On the other husband is working in M/s l Insurance Co. Ltd., Sector 22, e of nature of his job, he has to near Chandigarh. ed counsel for the applicant that had suddenly stopped talking after some time, the applicant respondent has filed the above tion 13(1)(ia) of the Act against dings except the said petition are rties. It is very fairly submitted the applicant that the applicant is s, however, most of the time, she trimonial home at Karnal on the the Memo of Parties. een place of residence of the and the place of proceedings of the Act, filed by the nding before the Principal Judge, Nagar, Mohali, is about 125 s she has to look after her sister, inor children at Karnal, it is very SAS Nagar Mohali to attend the grounds that applicant prays for ra 1 above. nsel for the applicant. VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document 5. position in this regard N.C.V. Ais (SC) 627, w 6. “Sumita S Kishor Pa wherein th deciding th weightage litigants an should ord Transfer Application No.652 of 2026 Besides the facts as notice in such like cases as the present o regard, judgment of the Hon’ble Su V. Aishwarya vs A.S. Saravana Kar , wherein the Hon’ble Supreme Co “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 ld ordinarily be allowed, taking 2026 (O & M) 3 noticed hereinabove, the legal esent one, is well established. In ble Supreme Court rendered in a Karthik Sha,” 2022 Live Law eme Court has held as under:- 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 aking into consideration their VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document convenienc litigants un 7. aforesaid p considering of the wife the custody physical h important t without ass the place to the litigatio 8. the fact tha of staying applicant- transportati the respon view of th Kishor Pa (supra) pas appropriate conditions: Transfer Application No.652 of 2026 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 After going through the entir act that issuance of notice to the respon aying further proceedings before the -wife will have to bear the portation expenses and in case, notice espondent-husband has to bear the of the judgments i.e. Sumita Sing or Pardeshi’s case (supra) and ra) passed by the Hon’ble Supreme C opriate to allow the present petition, itions:- a) The petition filed by r Section 13(1)(ia) HMA/117/2026 titled a 2026 (O & M) 4 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. e entire paper-book, considering respondent has the consequences re the trial Court, otherwise the r the litigation expenses and notice of motion is issued, even r the litigation expenses and in a Singh’s case (supra), Rajani and N.C.V. Aishwarya’s case reme Court, this Court deems it etition, subject to the following d by respondent husband under ia) of Act, bearing No. itled as “Anil Kamboj vs. Reeta VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document 9. to refer the exploring t parties. 10. between th calendar m 11. this petition Transfer Application No.652 of 2026 Goswami”, pending in Judge, Family Court, transferred to a Court o Karnal. b) The ld. District Judge directed to transfer com the aforesaid case to Dis c) The parties are direct District & Sessions Judg d) The District Judge, Ka petition to the Court of c The concerned Court at Karn fer the case before the Mediation an ring the possibility of some amicab The Court concerned, where een the parties, will accommodate th dar month. However, liberty is granted to etition, if he intends to contest the sam (a) The respondent will maintenance amount, petition filed by the app 125 Cr.P.C. or Secti Violence Act or Section Act. (b) The respondent will undertaking to pay R applicant for attending District Courts, SAS N every date of hearing. 2026 (O & M) 5 ing in the Court of Principal ourt, SAS Nagar (Mohali) is ourt of competent jurisdiction at Judge, SAS Nagar (Mohali) is complete record pertaining to to District Judge, Karnal. directed to appear before the ns Judge, Karnal on 15.6.2026. Karnal will assign the said urt of competent jurisdiction. Karnal will make all endeavour tion and Conciliation Centre for micable settlement between the where the litigation is pending date them with one date in one nted to the respondent to revive the same, provided that:- will clear all arrears of ount, if any, in terms of any applicant either under Section Section 12 of the Domestic ection 24 of the Hindu Marriage will file an affidavit giving ay Rs.1,000/- per day, to the nding the Court proceedings at AS Nagar (Mohali) on each and VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document 12. ordinate Be Nitin Tal Gurvinder Karmajit S 13. disposed of these pecu parties befo that a copy post, besid concerned the Court, i May 13, 20 Vijay Asija Whether spea Whether Repo Transfer Application No.652 of 2026 (c) The respondent will b Rs.25,000/-, drawn in fa the litigation expenses District SAS Nagar respondent opts to conte 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. As already noticed above, s sed of without issuing notice to the r peculiar circumstances, in order to es before the District Judge, Karnal a copy of this order be sent to the resp besides sending a copy of this ord erned through e-mail. Applicant throu ourt, is directed to ensure her appearan Disposed of. Pending application(s), if any, , 2026 speaking/reasoned Yes / No r Reportable Yes / No 2026 (O & M) 6 ill bring a demand draft of n in favour of applicant, towards penses to pursue the case at agar (Mohali) in case the o contest this petition. e decisions rendered by a Co- No. 1315/2022, Rohini Arora v f 2022, Jaswinder Kaur v . 1323 of 2022, Usha Rani v ove, since the petition is being o the respondent, accordingly, in der to ensure appearance of the on 15.6.2026, it is directed he respondent through registered his order to the District Judges through her counsel, present in pearance accordingly. if any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document