TA-204-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 120 Priyanka @ Rajni Parveen Kumar CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. seeking transfer of Hindu Marriage Act, 1955 (for short DMC/862/2025 dated Kumar vs. Priyanka @ Rajni’, Rewari to a Court of competent jurisdiction at Gurugram 2. been received back appearance on his behalf, despite service. being decided in his absence. 3. under: 2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-204 Date of Decision: Priyanka @ Rajni Versus Parveen Kumar CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Anand Vardhan Khanna, Advocate for the petitioner. NIDHI GUPTA, J. (ORAL) By way of filing the present petition, the petitioner seeking transfer of petition filed under Sections 12(b) and 12(c) of the Hindu Marriage Act, 1955 (for short DMC/862/2025 dated 04.11.2025 (Annexure P Kumar vs. Priyanka @ Rajni’, pending before the learned Family Court a Court of competent jurisdiction at Gurugram As per office report, notice issued to the respondent has been received back served through his brother. However, none has put in appearance on his behalf, despite service. being decided in his absence. Learned counsel for the petitioner i) Marriage of the petitioner with the solemnized on 09.02.2023 ii) One daughter was born out of the said wedlock who is presently in the care and custody of petitioner mother. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 204-2026 Date of Decision: 21.05.2026 .… Petitioner .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Anand Vardhan Khanna, Advocate for the petitioner. By way of filing the present petition, the petitioner-wife is petition filed under Sections 12(b) and 12(c) of the Hindu Marriage Act, 1955 (for short-‘the Act’) bearing No. 04.11.2025 (Annexure P-1) titled as ‘Parveen before the learned Family Court, a Court of competent jurisdiction at Gurugram. As per office report, notice issued to the respondent has served through his brother. However, none has put in appearance on his behalf, despite service. Accordingly, this petition is Learned counsel for the petitioner, inter alia, submits as Marriage of the petitioner with the respondent was 09.02.2023. was born out of the said wedlock who in the care and custody of petitioner- RISHU KATARIA 2026.05.26 09:18 I attest to the accuracy and authenticity of this order/judgment. TA-204-2026 4. allowed; and petition (Annexure P pending before the learned Family Court, Rewari be transferred to a Court of competent jurisdiction at Gurugram 5. I have heard learned counsel for the the case file. I find petitioner. 6. sufficient grounds for transfer, the legal position in such like cases is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in Live Law (SC) 627 held as under: 2026 -2- iii) Due to matrimonial discord the parties are residing separately. iv) One case bearing No. MNT125/335/2025 (Annexure P-3) filed by the petitioner wife is pending adjudication before learned Family Co v) The petitioner has no source of income and is residing along with minor son at her parental house; whereas the respondent is a practicing Advocate at District Courts Rewari. As such, the petitioner does not expect fair trial at Rewari. vi) The distance between place of residence of the petitioner-wife i.e. Gurugram proceedings filed by the respondent Rewari is about 60 Kms. for her to frequently travel from to attend the Court proceedings daughter. It is accordingly, prayed that the present petition may be and petition bearing No. DMC/862/2025 dated 04.11.2025 (Annexure P-1) titled as ‘Parveen Kumar vs. Priyanka @ Rajni vs. Sona’, pending before the learned Family Court, Rewari be transferred to a Court of competent jurisdiction at Gurugram No other argument has been made on I have heard learned counsel for the petitioner the case file. I find merit in the submissions advanced on behalf of the Besides the facts as noticed hereinabove, which constitute sufficient grounds for transfer, the legal position in such like cases is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in N.C.V. Aishwarya vs A.S. Saravana Karth Live Law (SC) 627, is notable, wherein the Hon’ble Supreme Court has held as under:- ue to matrimonial discord the parties are now One case bearing No. MNT125/335/2025 (Annexure 3) filed by the petitioner wife is pending adjudication before learned Family Court, Gurugram. The petitioner has no source of income and is minor son at her parental house; whereas the respondent is a practicing Advocate at District Courts Rewari. As such, the petitioner does not expect fair trial at Rewari. The distance between place of residence of the Gurugram and the place of proceedings filed by the respondent-husband at Kms. one side. It is very difficult for her to frequently travel from Gurugram to Rewari to attend the Court proceedings along with minor It is accordingly, prayed that the present petition may be DMC/862/2025 dated 04.11.2025 1) titled as ‘Parveen Kumar vs. Priyanka @ Rajni vs. Sona’, pending before the learned Family Court, Rewari be transferred to a Court of competent jurisdiction at Gurugram. No other argument has been made on behalf of the petitioner. petitioner and carefully gone through in the submissions advanced on behalf of the Besides the facts as noticed hereinabove, which constitute sufficient grounds for transfer, the legal position in such like cases is well established. In this regard, judgment of the Hon’ble Supreme Court N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022 , is notable, wherein the Hon’ble Supreme Court has . and carefully gone through in the submissions advanced on behalf of the Besides the facts as noticed hereinabove, which constitute sufficient grounds for transfer, the legal position in such like cases is well established. In this regard, judgment of the Hon’ble Supreme Court ik Sha,” 2022 , is notable, wherein the Hon’ble Supreme Court has RISHU KATARIA 2026.05.26 09:18 I attest to the accuracy and authenticity of this order/judgment. TA-204-2026 7. Singh vs Kumar Sanjay, 2002 SC 396 Kishor Babulal Pardeshi, 2005(12) SCC 237 Supreme Court has observed that application, the Co consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships 8. aforesaid principle of law. Accordingly, it is well settled that while considering the transfer of a matrimonial dispute/case, at the ins the wife, the Court is to consider the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical 2026 -3- “9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of th other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer. 10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.” Further reliance can be placed upon the judgments in Singh vs Kumar Sanjay, 2002 SC 396 and Kishor Babulal Pardeshi, 2005(12) SCC 237 Supreme Court has observed that “while deciding the transfer application, the Courts are required to give more weightage and consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts d desist from putting female litigants under undue hardships Even this Court in number of cases has followed the aforesaid principle of law. Accordingly, it is well settled that while considering the transfer of a matrimonial dispute/case, at the ins the wife, the Court is to consider the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance ling socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer. Further, when two or more proceedings are pending in different Courts between the same parties which raise mmon question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of iance can be placed upon the judgments in Sumita and Rajani Kishor Pardeshivs Kishor Babulal Pardeshi, 2005(12) SCC 237, wherein the Hon’ble “while deciding the transfer urts are required to give more weightage and consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts d desist from putting female litigants under undue hardships.” Even this Court in number of cases has followed the aforesaid principle of law. Accordingly, it is well settled that while considering the transfer of a matrimonial dispute/case, at the instance of the wife, the Court is to consider the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of e suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance ling socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which Further, when two or more proceedings are pending in different Courts between the same parties which raise mmon question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of RISHU KATARIA 2026.05.26 09:18 I attest to the accuracy and authenticity of this order/judgment. TA-204-2026 health and earning capacity of the husband and most important the convenience of the wife i.e. she ca a male member of her family, connectivity of the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses. 9. Rajani Kishor Pardeshi’s (supra) passed by the Hon’ble Supreme Court, this Court deems it appropriate to allow the present petition, subject to the following conditions: 10. to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement 11. between the parties, will accommodate them with one date in one calendar month. 2026 -4- health and earning capacity of the husband and most important the convenience of the wife i.e. she cannot travel alone without assistance of a male member of her family, connectivity of the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses. In view of the judgments i.e. Rajani Kishor Pardeshi’s case (supra) and (supra) passed by the Hon’ble Supreme Court, this Court deems it appropriate to allow the present petition, subject to the following conditions:- a) The petition bearing No. DMC/ 04.11.2025 (Annexure P vs. Priyanka @ Rajni’ Family Court, Rewari competent jurisdiction at Gurugram. b) The learned District Judge, transfer complete record pertaining to the aforesaid case to District Judge, Gururgram. c) The parties are directed to appear before the District Judge, Gurugram on 23.06.2026 d) The District Judge, Gurugram petition to the Court of competent jurisdiction. The concerned Court at Gurugram to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement The Court concerned, where the litigation is pending between the parties, will accommodate them with one date in one calendar month. health and earning capacity of the husband and most important the nnot travel alone without assistance of a male member of her family, connectivity of the place to and fro from her place of residence as well as bearing of the litigation charges and In view of the judgments i.e. Sumita Singh’s case (supra), case (supra) and N.C.V. Aishwarya’s case (supra) passed by the Hon’ble Supreme Court, this Court deems it appropriate to allow the present petition, subject to the following The petition bearing No. DMC/862/2025 dated 04.11.2025 (Annexure P-1) titled as ‘Parveen Kumar ’, pending before the learned Family Court, Rewari is transferred to a Court of competent jurisdiction at Gurugram. The learned District Judge, Rewari is directed to transfer complete record pertaining to the aforesaid Gururgram. The parties are directed to appear before the District .06.2026. Gurugram will assign the said petition to the Court of competent jurisdiction. Gurugram will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties. The Court concerned, where the litigation is pending between the parties, will accommodate them with one date in one RISHU KATARIA 2026.05.26 09:18 I attest to the accuracy and authenticity of this order/judgment. TA-204-2026 12. Bench of this Court in Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet Singh; and 13. 14. 21.05.2026 rishu 2026 -5- I am supported by the decisions rendered by a Co Bench of this Court in TA No. 1315/2022, Rohini Arora v Nitin Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet ; and TA No. 1323 of 2022, Usha Rani v Karmajit Singh. The present petition stands disposed of, Pending application(s), if any, shall .05.2026 Whether speaking/reasoned Whether Reportable I am supported by the decisions rendered by a Co-ordinate /2022, Rohini Arora v Nitin Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet TA No. 1323 of 2022, Usha Rani v Karmajit Singh. disposed of, in the above terms. Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No RISHU KATARIA 2026.05.26 09:18 I attest to the accuracy and authenticity of this order/judgment.