TA-114-2026 (O&M) 208 IN THE HIGH COURT OF PUNJAB AND HARYANA Suman Nirmal Singh CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Present: Mr. Samridhi Sareen, Advocate for the petitioner. NIDHI GUPTA, J. Prayer in this petition filed by petitioner petition filed by the respondent Act, 1955 (hereinafter referred to as ‘HMA’) conjugal rights No.HMA/808/2025 Sessions Judge as Principal Judge, Family Court, Jind jurisdiction at District Hisar 2. Learned counsel for t mentioned petition filed by the respondent Marriage Act, from i) on ii) presently iii) since 11.08.2024; 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 Mr. Samridhi Sareen, Advocate for the petitioner. NIDHI GUPTA, J. Prayer in this petition filed by petitioner petition filed by the respondent-husband under Section Act, 1955 (hereinafter referred to as ‘HMA’) conjugal rights titled as “Nirmal Singh Vs. Suman /2025 (Annexure P-4) pending before the ld. Sessions Judge as Principal Judge, Family Court, Jind District Hisar Learned counsel for the petitioner seeks transfer of the above mentioned petition filed by the respondent-husband under Section Marriage Act, from Jind to Hisar on account of the following reasons: Marriage of the petitioner with the respondent was on 09.07.2008; Three children were born out of the said wedlock presently in the care and custody of the petitioner Due to matrimonial discord the parties are residing separately since 11.08.2024; -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-114-2026 (O&M) Date of Decision : 26.05.2026 ....Petitioner ....Respondent CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Mr. Samridhi Sareen, Advocate for the petitioner. Prayer in this petition filed by petitioner-wife is for transfer of the husband under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘HMA’) passing of decree of restitution of Nirmal Singh Vs. Suman” bearing case ) pending before the ld. Additional District and Sessions Judge as Principal Judge, Family Court, Jind to the Court of competent he petitioner seeks transfer of the above husband under Section 9 of the Hindu on account of the following reasons:- Marriage of the petitioner with the respondent was solemnized children were born out of the said wedlock, who are all care and custody of the petitioner; Due to matrimonial discord the parties are residing separately wife is for transfer of the of the Hindu Marriage passing of decree of restitution of ” bearing case Additional District and Court of competent he petitioner seeks transfer of the above- of the Hindu solemnized , who are all Due to matrimonial discord the parties are residing separately TRIPTI SAINI 2026.05.29 09:20 I attest to the accuracy and integrity of this document TA-114-2026 (O&M) iv) pending v) kms from Hisar to Jind as she has to look after three minor children single handedly It is accordingly, prayed that prese afore-mentioned petition filed under Section transferred from the Family Court, District Hisar 3. Order sheet shows that service has been duly effected respondent, however none had put in appearance. Even today none has appeared on behalf of the respondent, despite service. It is in the petitioner that the respondent is duly putting in appearance before the Family Court below in the matters mentioned above. 2026 (O&M) iv) There are 03 cases filed b pending adjudication before the Courts at Hisar; (a) Petition filed under Domestic Violence Act, 2005 pending before the learned Judicial Magistrate Ist Class, Hisar; (b) Petition filed under Section 125 Cr.P.C bearing No.MNT-348-2024, pending before Family Court, Hisar; and (c) Petition filed under Section 18 and 20 of the Hindu Adoption and Maintenance A pending before Family Court, Hisar Petitioner finds it difficult to travel a distance of about 70 kms from Hisar to Jind as she has to look after three minor children single handedly. It is accordingly, prayed that prese mentioned petition filed under Section transferred from the Family Court, Jind to the Order sheet shows that service has been duly effected respondent, however none had put in appearance. Even today none has appeared on behalf of the respondent, despite service. It is in the petitioner that the respondent is duly putting in appearance before the Family urt below in the matters mentioned above. -2- cases filed by the petitioner-wife which are adjudication before the Courts at Hisar; which are as under Petition filed under the Protection of Women from Domestic Violence Act, 2005 bearing No.DV-9711-2024 pending before the learned Judicial Magistrate Ist Class, (b) Petition filed under Section 125 Cr.P.C bearing 2024, pending before Family Court, Hisar; (c) Petition filed under Section 18 and 20 of the Hindu Adoption and Maintenance Act bearing No.CS-35-2025, pending before Family Court, Hisar; Petitioner finds it difficult to travel a distance of about 70 kms from Hisar to Jind as she has to look after three minor children It is accordingly, prayed that present petition be allowed and the mentioned petition filed under Section 9 of HMA Annexure P-1 be Court of competent jurisdiction at Order sheet shows that service has been duly effected upon the respondent, however none had put in appearance. Even today none has appeared on behalf of the respondent, despite service. It is informed by learned counsel for the petitioner that the respondent is duly putting in appearance before the Family wife which are which are as under:- the Protection of Women from 2024 pending before the learned Judicial Magistrate Ist Class, (b) Petition filed under Section 125 Cr.P.C bearing 2024, pending before Family Court, Hisar; (c) Petition filed under Section 18 and 20 of the Hindu 2025, Petitioner finds it difficult to travel a distance of about 70 kms from Hisar to Jind as she has to look after three minor children nt petition be allowed and the 1 be Court of competent jurisdiction at upon the respondent, however none had put in appearance. Even today none has appeared formed by learned counsel for the petitioner that the respondent is duly putting in appearance before the Family TRIPTI SAINI 2026.05.29 09:20 I attest to the accuracy and integrity of this document TA-114-2026 (O&M) 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 5. 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 Code of Civil Procedure is that the ends of justice should demand the 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 spo 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. G socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer. 10. different Courts between the same parties 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.” 6. Further reliance can be placed upon the judgments in vs Kumar Sanjay, 2002 SC 396 Pardeshi, 2005(12) SCC 237 that “while deciding the transfer appl 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 t from putting female litigants under undue hardships 2026 (O&M) 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 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 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 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 spo 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. G 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 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 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 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 t from putting female litigants under undue hardships -3- 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 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 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 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 socioeconomic paradigm in the 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 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 Further reliance can be placed upon the judgments in Sumita Singh Rajani Kishor Pardeshivs Kishor Babulal , wherein the Hon’ble Supreme Court has observed ication, 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 should desist from putting female litigants under undue hardships.” I have heard learned counsel for the petitioner and carefully gone through the case file. I Besides the facts as noticed hereinabove, 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 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 uses 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 iven the prevailing socioeconomic paradigm in the 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 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 Sumita Singh Rajani Kishor Pardeshivs Kishor Babulal , wherein the Hon’ble Supreme Court has observed ication, 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 he Courts should desist TRIPTI SAINI 2026.05.29 09:20 I attest to the accuracy and integrity of this document TA-114-2026 (O&M) 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/c 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 w 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. 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) 9. The concerned Court at case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement betwe 2026 (O&M) 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 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. Sumita Singh’s Kishor Pardeshi’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.HMA/808/2025 titled as “Nirmal Singh Vs. Suman learned Principal Judge, Family Court, the Court of competent jurisdiction at The learned District Judge, complete record pertaining to the aforesaid case to District Judge, Hisar. The parties are directed to appear before the District Judge, Hisar on 15.07.2026. The District Judge, Hisar will assign the said petition to the Court of competent jurisdiction. The concerned Court at Hisar 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. -4- Even this Court in number of cases has followed the aforesaid principle of law. Accordingly, it is well settled that while considering the transfer ase, 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 ife 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 mita 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 HMA/808/2025 (Annexure P-4 Nirmal Singh Vs. Suman” pending before the learned Principal Judge, Family Court, Jind is transferred to Court of competent jurisdiction at Hisar. The learned District Judge, Jind 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. will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of Even this Court in number of cases has followed the aforesaid principle of law. Accordingly, it is well settled that while considering the transfer ase, 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 ife 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 Rajani case (supra) passed by the Hon’ble Supreme Court, this Court deems it appropriate to allow the present 4) e the is transferred to nsfer 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 will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of TRIPTI SAINI 2026.05.29 09:20 I attest to the accuracy and integrity of this document TA-114-2026 (O&M) 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 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, circumstances, in order to ensure appearance of the parties before Judge, Hisar, 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 May 26, 2026 tripti Whether speaking/non Whether reportable 2026 (O&M) The Court concerned, where the litigation is pending between the parties, 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, circumstances, in order to ensure appearance of the parties before , 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 is directed to ensure her appearance, accordingly. The present petition stands disposed of, Pending application(s), if any, shall also stand Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -5- The Court concerned, where the litigation is pending between the parties, will accommodate them with one date in one calendar month. I am supported by the decisions rendered by a Co-ordinate Bench of , 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 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 The Court concerned, where the litigation is pending between the ordinate Bench of , Rohini Arora v Nitin Talwar; TA No. 1322 of TA No. 1323 of 2022, Usha disposed of peculiar the District to the respondent to the District Judges for the petitioner is directed to ensure TRIPTI SAINI 2026.05.29 09:20 I attest to the accuracy and integrity of this document