TA-129-2026 (O&M) 210 IN THE HIGH COURT OF PUNJAB AND HARYANA Reena Devi Aman Yadav CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Present: Ms. Deepika, Advacate for Mr. Anil Kumar Gahlawat, NIDHI GUPTA, J. Prayer in this petition filed by petitioner petition filed by the respondent Marriage Act, 1955 (hereinafter referred to as ‘HMA’) “Aman Yadav Vs. Reena Devi pending before the ld. Family Court, Sonipat 2. Learned counsel for the petitioner seeks transfer of mentioned petition filed by the respondent Hindu Marriage Act, from i) on ii) at about 05 years of age and is in the petitioner 2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- TA Date of Decision : VERSUS CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Ms. Deepika, Advacate for Mr. Anil Kumar Gahlawat, Advocate for the petitioner. NIDHI GUPTA, J. Prayer in this petition filed by petitioner petition filed by the respondent-husband under Section Marriage Act, 1955 (hereinafter referred to as ‘HMA’) Aman Yadav Vs. Reena Devi” bearing case No. pending before the ld. Additional District and Sessions Judge as Principal Judge, Sonipat to the ld. Principal Judge, Family Court Learned counsel for the petitioner seeks transfer of mentioned petition filed by the respondent-husband under Section Hindu Marriage Act, from Sonipat to Jhajjar on account of the following reasons: Marriage of the petitioner with the respondent was on 28.02.2020; One daughter is born out of the said wedlock at about 05 years of age and is in the petitioner; -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-129-2026 (O&M) Date of Decision : 26.05.2026 ....Petitioner ....Respondent CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Advocate for the petitioner. Prayer in this petition filed by petitioner-wife is for transfer of the husband under Section 13-A of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘HMA’) seeking divorce titled as bearing case No.DMC/748/2025 (Annexure P Additional District and Sessions Judge as Principal Judge, ld. Principal Judge, Family Court Jhajjar. Learned counsel for the petitioner seeks transfer of the above husband under Section 13-A of the on account of the following reasons: Marriage of the petitioner with the respondent was solemnized born out of the said wedlock, who is presently at about 05 years of age and is in the care and custody of the wife is for transfer of the of the Hindu titled as (Annexure P-1) Additional District and Sessions Judge as Principal Judge, the above- of the on account of the following reasons:- solemnized presently care and custody of the TRIPTI SAINI 2026.05.27 16:12 I attest to the accuracy and integrity of this document TA-129-2026 (O&M) iii) since iv) travel a distance of about 67 kms one side from Jhajjar to Sonipat and she has to look after a minor child also; v) vi) Kheri Khummar, Jhajjar; iv) pending It is accordingly, prayed that present petition be allowed and the afore-mentioned petition filed under Section transferred from the Family Court, 3. Order sheet respondent has been duly effected, however none had put in appearance. Even 2026 (O&M) Due to matrimonial discord the parties are residing separately since 19.09.2023; The petitioner has no source travel a distance of about 67 kms one side from Jhajjar to Sonipat and she has to look after a minor child also; Petitioner is residing with her parents at their mercy; Minor child is studying at Saint Stephen’s S Kheri Khummar, Jhajjar; iv) There are 03 cases filed by the petitioner pending adjudication before the Courts at (a) Petition filed under Domestic Violence Act, 2005 pending before the learned Judicial Magistrate Ist Class, Jhajjar; (b) Petition filed under Section 125 Cr.P.C bearing No.MNT125/159.2024 Court, Jhajjar; and (c) Petition filed under Section pending at Jhajjar; It is accordingly, prayed that present petition be allowed and the mentioned petition filed under Section transferred from the Family Court, Sonipat to the Order sheet of last date i.e. 29.04.2026 has been duly effected, however none had put in appearance. Even -2- Due to matrimonial discord the parties are residing separately The petitioner has no source of income, therefore, is unable to travel a distance of about 67 kms one side from Jhajjar to Sonipat and she has to look after a minor child also; Petitioner is residing with her parents at their mercy; Minor child is studying at Saint Stephen’s School at Village cases filed by the petitioner-wife which are adjudication before the Courts at Jhajjar and are as under:- Petition filed under the Protection of Women from Domestic Violence Act, 2005 bearing No.77/2024 pending before the learned Judicial Magistrate Ist Class, (b) Petition filed under Section 125 Cr.P.C/144 BNSS bearing No.MNT125/159.2024, pending before Family (c) Petition filed under Sections 323, 406 and 498-A IPC It is accordingly, prayed that present petition be allowed and the mentioned petition filed under Section 13-A of HMA Annexure P-1 be to the Family Court at District Jhajjar of last date i.e. 29.04.2026 shows that service has been duly effected, however none had put in appearance. Even Due to matrimonial discord the parties are residing separately of income, therefore, is unable to travel a distance of about 67 kms one side from Jhajjar to Sonipat and chool at Village wife which are - the Protection of Women from 2024 pending before the learned Judicial Magistrate Ist Class, /144 BNSS , pending before Family IPC It is accordingly, prayed that present petition be allowed and the 1 be Jhajjar shows that service of has been duly effected, however none had put in appearance. Even TRIPTI SAINI 2026.05.27 16:12 I attest to the accuracy and integrity of this document TA-129-2026 (O&M) today none has appeared on behalf of the respondent decided in his absence 4. No other argument has been made on behalf of the petitioner. heard learned counsel for the petitioner and carefully gone through the case file. I find merit in the submissions advanced on behalf of the petitioner 5. Besides the facts as noticed her 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 A.S. Saravana Karthik Sha,” 2022 Live Law (SC) 627 Hon’ble Supreme Court has held as under: “9. the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceedi 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 stand 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 t wife's convenience which must be looked at while considering transfer. 10. different Courts between the same parties which raise common question of fact and law, a 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.” 6. Further reliance can be placed upon the jud vs Kumar Sanjay, 2002 SC 396 Pardeshi, 2005(12) SCC 237 that “while deciding the transfer application, the Courts are required to give more weightage and consideration to the convenience of the female litigants and 2026 (O&M) today none has appeared on behalf of the respondent decided in his absence. No other argument has been made on behalf of the petitioner. heard learned counsel for the petitioner and carefully gone through the case file. I find merit in the submissions advanced on behalf of the petitioner 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 A.S. Saravana Karthik Sha,” 2022 Live Law (SC) 627 Hon’ble Supreme Court has held as under:- “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 the suit, appeal or other proceedi 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 stand 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 jud vs Kumar Sanjay, 2002 SC 396 and Rajani Kishor Pardeshivs Kishor Babulal Pardeshi, 2005(12) SCC 237, wherein the Hon’ble Supreme Court has observed “while deciding the transfer application, the Courts are required to give more eightage and consideration to the convenience of the female litigants and -3- today none has appeared on behalf of the respondent as, such matter is being No other argument has been made on behalf of the petitioner. I have heard learned counsel for the petitioner and carefully gone through the case file. I find merit in the submissions advanced on behalf of the petitioner einabove, 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 Karthik Sha,” 2022 Live Law (SC) 627, is notable, wherein the 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 to life. Given the prevailing he Indian society, generally, it is the wife's convenience which must be looked at while considering Further, when two or more proceedings are pending in different Courts between the same parties which raise common nd 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 Further reliance can be placed upon the judgments in Sumita Singh Rajani Kishor Pardeshivs Kishor Babulal , wherein the Hon’ble Supreme Court has observed “while deciding the transfer application, the Courts are required to give more eightage and consideration to the convenience of the female litigants and as, such matter is being I have heard learned counsel for the petitioner and carefully gone through the case file. I einabove, which constitute sufficient grounds for transfer, the legal position in such like cases is well established. In this N.C.V. Aishwarya vs is notable, wherein the The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand ng. 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 ard 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 he Indian society, generally, it is the wife's convenience which must be looked at while considering Further, when two or more proceedings are pending in different Courts between the same parties which raise common nd 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 Sumita Singh Rajani Kishor Pardeshivs Kishor Babulal , wherein the Hon’ble Supreme Court has observed “while deciding the transfer application, the Courts are required to give more eightage and consideration to the convenience of the female litigants and TRIPTI SAINI 2026.05.27 16:12 I attest to the accuracy and integrity of this document TA-129-2026 (O&M) 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 lit 7. 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 the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical 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. 8. 8. In view of the judgments i.e. Kishor Pardeshi’s the Hon’ble Supreme Court, this Court deems it appropriate to allow the present petition, subject to the following conditions: a) b) c) d) 2026 (O&M) 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 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 the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important the convenience of the wife i.e. she cannot travel alone without ance 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. Sumita Singh’s hi’s case (supra) and N.C.V. Aishwarya’s the Hon’ble Supreme Court, this Court deems it appropriate to allow the present petition, subject to the following conditions:- The petition bearing No.DMC/748/2025 titled as “Aman Yadav Vs. Reena Devi learned Principal Judge, Family Court, to the Court of competent jurisdiction at The learned District Judge, complete record pertaining to Judge, Jhajjar. The parties are directed to appear before the District Judge, Jhajjar on 15.07.2026. The District Judge, Jhajjar will assign the said petition to the Court of competent jurisdiction. -4- transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts should desist igants 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 health and earning capacity of the husband and most important the convenience of the wife i.e. she cannot travel alone without ance 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 Sumita Singh’s case (supra), Rajani N.C.V. Aishwarya’s case (supra) passed by the Hon’ble Supreme Court, this Court deems it appropriate to allow the present DMC/748/2025 (Annexure P-1 Aman Yadav Vs. Reena Devi” pending before the learned Principal Judge, Family Court, Sonipat is transferred Court of competent jurisdiction at Jhajjar. The learned District Judge, Sonipat is directed to transfer complete record pertaining to the aforesaid case to District The parties are directed to appear before the District Judge, will assign the said petition to the Court of competent jurisdiction. transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts should desist Even this Court in number of cases has followed the aforesaid principle of law. Accordingly, it is well settled that while considering the transfer to consider the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important the convenience of the wife i.e. she cannot travel alone without ance 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 Rajani case (supra) passed by the Hon’ble Supreme Court, this Court deems it appropriate to allow the present 1) e the is transferred is directed to transfer the aforesaid case to District The parties are directed to appear before the District Judge, will assign the said petition to the TRIPTI SAINI 2026.05.27 16:12 I attest to the accuracy and integrity of this document TA-129-2026 (O&M) 9. The concerned case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties. 10. The Court concerned, where the litigation is pending between the parties, will accommodate them with one date in one calendar month. 11. I am supported by the decisions rendered by a Co this Court in TA No. 1315/2022, Rohini Arora v Nitin Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet Singh Rani v Karmajit Singh. 12. As already noticed above, since the petition is being without issuing notice to the respondent, accordingly, in these circumstances, in order to ensure appearance of the Judge, Jhajjar, it is directed that a copy of this order be sent through registered post, besides sending a copy of this concerned through e her appearance, accordingly. 13. The present petition stands 14. Pending application(s), if any, shall also stand disposed of. May 26, 2026 tripti Whether speaking/non Whether reportable 2026 (O&M) The concerned Court at Jhajjar 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 rties, will accommodate them with one date in one calendar month. I am supported by the decisions rendered by a Co TA No. 1315/2022, Rohini Arora v Nitin Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet Singh Rani v Karmajit Singh. As already noticed above, since the petition is being without issuing notice to the respondent, accordingly, in these circumstances, in order to ensure appearance of the , it is directed that a copy of this order be sent through registered post, besides sending a copy of this concerned through e-mail. Learned counsel for the petitioner her appearance, accordingly. The present petition stands disposed of, Pending application(s), if any, shall also stand disposed of. Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -5- will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of The Court concerned, where the litigation is pending between the rties, will accommodate them with one date in one calendar month. I am supported by the decisions rendered by a Co-ordinate Bench of TA No. 1315/2022, Rohini Arora v Nitin Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet Singh; and TA No. 1323 of 2022, Usha As already noticed above, since the petition is being disposed of without issuing notice to the respondent, accordingly, in these peculiar circumstances, in order to ensure appearance of the parties before the District , it is directed that a copy of this order be sent to the respondent through registered post, besides sending a copy of this order to the District Judges for the petitioner is directed to ensure disposed of, in the above terms. Pending application(s), if any, shall also stand disposed of. (NIDHI GUPTA) JUDGE will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of The Court concerned, where the litigation is pending between the ordinate Bench of TA No. 1315/2022, Rohini Arora v Nitin Talwar; TA No. 1322 of TA No. 1323 of 2022, Usha disposed of peculiar the District to the respondent order to the District Judges is directed to ensure TRIPTI SAINI 2026.05.27 16:12 I attest to the accuracy and integrity of this document