IN T 102 Gazal Dhaw Dinesh Kum CORAM: Present:- NIDHI GU 1. of the petiti Marriage A titled “Dine Court of Pri jurisdiction 06.3.2026 le sought time hearing i.e. time to file 27.4.2026. was filed o represent th 27.4.2026 h TA-48-2023 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Transfer Application No Date of decision :-19.05. l Dhawan Versus h Kumar AM:- HON'BLE MS. JUSTICE NIDH Mr. Gurmandeep Singh Dhillon, Mr. Karanjeet Singh Brar, Advo for the applicant. None for the respondent despite I GUPTA J. (Oral) Prayer in this petition filed by a petition filed by respondent-husband un age Act,1955 (for short ‘the Act’) be “Dinesh Kumar vs. Gazal Dhawan” (An of Principal Judge, Family Court, Ludhi iction at Fazilka. Though notice has been served u 026 learned counsel for the respondent t time to file reply in the matter. The g i.e. 24.3.2026 learned counsel for th to file reply and on his request, the 026. On 27.4.2026 i.e. the last date o iled on behalf of respondent nor anyon sent the respondent. The co-ordinate 026 had granted last opportunity to the 1 UNJAB AND HARYANA IGARH n No.48 of 2023 (O & M) 19.05.2026 …..Applicant …..Respondent NIDHI GUPTA hillon, Advocate for Advocate espite service. d by applicant-wife is for transfer and under Section 9 of the Hindu ct’) bearing No.HMA/2359/2019 n” (Annexure P-1) pending in the Ludhiana to a Court of competent erved upon the respondent and on ndent had put in appearance and . Thereafter on the next date of for the respondent again sought t, the matter was adjourned for date of hearing, neither the reply anyone had put in appearance to inate Bench, vide order dated to the respondent to file reply in VIJAY ASIJA 2026.05.22 18.58 I attest to the accuracy and integrity of this document the matter. reply has b respondent. 2. i) ii) iii) iv) v) vi) 3. transfer of t 4. TA-48-2023 (O & M) atter. However, despite last opportun has been filed nor anyone has put in a ndent. Accordingly, this petition is being Learned counsel for the applican That the parties were married Hindu rites and rituals. That no child was born out of thi iii) That the applicant-wife is l respondent-husband from 03.4 parents at their mercy at Fazilka. iv) That the applicant is unemplo income and totally dependent respondent-husband is not payi maintenance, therefore, the app the distance of approximately 21 of her residence i.e. Fazilka to Ludhiana, whereby the petition filed by the husband is pending c That the proceedings arising out (a) FIR No.56 dated 1 498-A and 312 IPC City, Jalalabad, Di (b) petition under th bearing No.COMA (c) petition under Se No.MNT/125/144/ filed by the applicant-wife, are Station having competent jurisdi vi) That there is no proficient male applicant, who can accompa proceedings at Ludhiana. It is inter alia on these groun er of the case, as detailed in para 1 above I have heard learned counsel for 2 portunity, today also, neither the ut in appearance to represent the s being decided in his absence. plicant has contended :- arried on 19.9.2018 according to t of this wedlock. is living separately from the 03.4.2019 and living with her azilka. nemployed, having no source of ndent upon her parents and the t paying anything to her towards he applicant-wife could not travel tely 211 kilometers from the place lka to the learned Family Court at etition under Section 9 of the Act ding consideration. ng out of :- ated 10.4.2022 under Sections 406, 12 IPC, registered at Police Station ad, District Fazilka; der the Domestic Violence Act OMA/69/2019; and er Section 125 Cr.P.C. bearing 5/144/2019 e, are pending in the Courts/Police jurisdiction at Fazilka. t male member in the family of the company her to the Court of grounds that applicant prays for above. sel for the applicant. VIJAY ASIJA 2026.05.22 18.58 I attest to the accuracy and integrity of this document 5. such like c judgment of A.S. Sarav Hon’ble Sup 6. “Sumita Si Pardeshivs Hon’ble Su application, consideratio legal procee TA-48-2023 (O & M) Besides the facts as noticed here like cases as the present one, is well ent of the Hon’ble Supreme Court rende Saravana Karthik Sha,” 2022 Live L ble Supreme Court has held as under:- “9. The cardinal principle for ex section 24 of the Code of Civil ends of justice should demand t appeal or other proceeding. In wherever Courts are called upo of transfer, the Courts have to t the economic soundness of both strata of the spouses and thei their standard of life prior subsequent thereto and the circ parties in eking out their livelih protective umbrella they are see to life. Given the prevailing soc in the Indian society, genera convenience which must b considering transfer. 10. Further, when two or m pending in different Courts betw which raise common question when the decisions in the cases is desirable that they should be same Judge so as to avoid mul same issues and conflict of decis Further reliance can be place ita Singh vs Kumar Sanjay”, 2002 S eshivs Kishor Babulal Pardeshi”, 2005 ble Supreme Court has observed that “ ation, the Courts are required to deration to the convenience of the fem proceedings from one Court to another s 3 d hereinabove, the legal position in s well established. In this regard, t rendered in N.C.V. Aishwarya vs Live Law (SC) 627, wherein the for exercise of power under f Civil Procedure is that the and the transfer of the suit, ng. In matrimonial matters, d upon to consider the plea ve to take into consideration f both the parties, the social d their behavioural pattern, rior to the marriage and e circumstances of both the livelihood and under whose are seeking their sustenance ing socioeconomic paradigm generally, it is the wife's st be looked at while or more proceedings are ts between the same parties estion of fact and law, and cases are interdependent, it uld be tried together by the d multiplicity in trial of the f decisions.” placed upon the judgments in 002 SC 396 and “Rajani Kishor , 2005(12) SCC 237, wherein the that “while deciding the transfer to give more weightage and e female litigants and transfer of other should ordinarily be allowed, VIJAY ASIJA 2026.05.22 18.58 I attest to the accuracy and integrity of this document taking into from putting 7. aforesaid p considering the wife, th custody of health and convenience male memb place of resi expenses. 8. Sumita Sin N.C.V. Ais this Court d following co TA-48-2023 (O & M) into consideration their convenience a putting female litigants under undue hard Even this Court in number said principle of law. Accordingly, it dering the transfer of a matrimonial dis ife, the Court is to consider the family dy of the minor child, economic conditi and earning capacity of the husban nience of the wife i.e. she cannot travel member of her family, connectivity of t of residence as well as bearing of the liti ses. In view of the facts mentioned ta Singh’s case (supra), Rajani Kishor . Aishwarya’s case (supra) passed by ourt deems it appropriate to allow the p ing conditions:- a) The petition filed by Section 9 of Act, bearing “Dinesh Kumar vs. Gaz Court of Principal Judge transferred to a Court o Fazilka. b) The ld. District Judge, Lu complete record pertaini District Judge, Fazilka. c) The parties are directed to Sessions Judge, Fazilka o d) The District Judge, Fa petition to the Court of co 4 ence and the Courts should desist e hardships.” ber of cases has followed the gly, it is well settled that while ial dispute/case, at the instance of family condition of the wife, the condition of the wife, her physical husband and most important the travel alone without assistance of a ty of the place to and fro from her the litigation charges and travelling ioned above and the judgments i.e. ishor Pardeshi’s case (supra) and ed by the Hon’ble Supreme Court, the present petition, subject to the by respondent husband under bearing HMA/2359/2019 titled as . Gazal Dhawan”, pending in the Judge, Family Court, Ludhiana is ourt of competent jurisdiction at ge, Ludhiana is directed to transfer ertaining to the aforesaid case to cted to appear before the District & ilka on 23.6.2026. e, Fazilka will assign the said t of competent jurisdiction. VIJAY ASIJA 2026.05.22 18.58 I attest to the accuracy and integrity of this document 9. refer the ca the possibili 10. the parties, w 11. Bench of th TA No. 132 No. 1323 of May 19, 202 Vijay Asija Whether spe Whether Rep TA-48-2023 (O & M) The concerned Court at Fazilka the case before the Mediation and Conc ssibility of some amicable settlement be The Court concerned, where the rties, will accommodate them with one d I am supported by the decision h of this Court in TA No. 1315/2022, Ro o. 1322 of 2022, Jaswinder Kaur v Gu 323 of 2022, Usha Rani v Karmajit Sin Disposed of. Pending application(s), if any, st , 2026 Asija er speaking/reasoned Yes / No er Reportable Yes / No 5 Fazilka will make all endeavour to Conciliation Centre for exploring ent between the parties. re the litigation is pending between one date in one calendar month. cisions rendered by a Co-ordinate 22, Rohini Arora v Nitin Talwar; r v Gurvinderjeet Singh; and TA jit Singh. any, stands disposed of. ( NIDHIGUPTA ) JUDGE VIJAY ASIJA 2026.05.22 18.58 I attest to the accuracy and integrity of this document