TA-148-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 110 Mehak Verma Shubham Dhall CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. seeking transfer of Section 9 of the Hindu Marriage Act, 1955 (for short for restitution of conjugal rights bearing No. DMC/494/2024 (Annexure P-2) titled as ‘Shubham Dhall vs. Mehak learned Principal Judg competent jurisdiction at Sirsa. 2. respondent has been received back duly, but despite service, none has put in appearance on behalf of the respondent to last date of hearing i.e. 27.04.2026. decided in his absence. 3. under: 2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-148 Date of Decision: Mehak Verma Versus Shubham Dhall CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Lupil Gupta, Advocate for the petitioner. None for the respondent. NIDHI GUPTA, J. (ORAL) By way of filing the present petition, the petitioner seeking transfer of petition filed by the respondent Section 9 of the Hindu Marriage Act, 1955 (for short for restitution of conjugal rights bearing No. DMC/494/2024 (Annexure 2) titled as ‘Shubham Dhall vs. Mehak learned Principal Judge, Family Court, Ferozepur to a Court of competent jurisdiction at Sirsa. As per office report dated 23.04.2026, notice issued to the respondent has been received back duly, but despite service, none has put in appearance on behalf of the respondent to last date of hearing i.e. 27.04.2026. Accordingly, this petition is decided in his absence. Learned counsel for the petitioner i) Marriage of the petitioner with the respondent was solemnized on 08.02.2019 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 148-2026 Date of Decision: 26.05.2026 .… Petitioner .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Lupil Gupta, Advocate for the petitioner. By way of filing the present petition, the petitioner-wife is the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 (for short-‘the HMA Act’) for restitution of conjugal rights bearing No. DMC/494/2024 (Annexure 2) titled as ‘Shubham Dhall vs. Mehak Verma’, pending before the e, Family Court, Ferozepur to a Court of As per office report dated 23.04.2026, notice issued to the respondent has been received back duly, but despite service, none has put in appearance on behalf of the respondent today as well as on the Accordingly, this petition is being Learned counsel for the petitioner, inter alia, submits as Marriage of the petitioner with the respondent was 08.02.2019. RISHU KATARIA 2026.05.29 16:24 I attest to the accuracy and authenticity of this order/judgment. TA-148-2026 4. allowed; and petition bearing No. DMC/494/2024 (Annexure P as ‘Shubham Principal Judge, Family Court, Ferozepur be transferred to a Court of competent jurisdiction at Sirsa. 5. I have heard learn 2026 -2- ii) One son was born out of the said wedlock who is presently in the care and custody of the petitioner mother. iii) Due to matrimonial discord the parties are separately since 05.04.2024. iv) There are 03 cases filed by the adjudication at District Courts, Sirsa are as under:- (a) Petition under Section 13 of the HMA Act; (b) Petition under Section 125 Cr.P.C. for grant of maintenance; and (c) Complaint under the provisions of of the Protection of Women from Domestic Violence Act, 2005 v) The petitioner has no independent source of income and is residing along with minor at her parental house and is fully dependent upon her parents as, the respondent-husband is not paying anything towards maintenance to the petitioner vi) The distance between place of residence of the petitioner-wife i.e. Sirsa and the place of proceedings filed by the respondent about 199Kms. one side. It is very difficult for her to frequently travel from Sirsa to Ferozepur the Court proceedings along with minor son who is undergoing speech therapy. It is accordingly, prayed that the present petition may be allowed; and petition bearing No. DMC/494/2024 (Annexure P as ‘Shubham Dhall vs. Mehak Verma’, pending before the learned Principal Judge, Family Court, Ferozepur be transferred to a Court of competent jurisdiction at Sirsa. No other argument has been made on behalf of the petitioner. I have heard learned counsel for the petitioner and carefully gone through One son was born out of the said wedlock who is presently in the care and custody of the petitioner- ue to matrimonial discord the parties are residing separately since 05.04.2024. There are 03 cases filed by the petitioner pending adjudication at District Courts, Sirsa details of which Petition under Section 13 of the HMA Act; Petition under Section 125 Cr.P.C. for grant of maintenance; and Complaint under the provisions of of the Women from Domestic Violence The petitioner has no independent source of income and is residing along with minor at her parental house and is fully dependent upon her parents as, the husband is not paying anything towards ce to the petitioner-wife and minor son. The distance between place of residence of the wife i.e. Sirsa and the place of proceedings filed by the respondent-husband at Ferozepur is about 199Kms. one side. It is very difficult for her to quently travel from Sirsa to Ferozepur to attend the Court proceedings along with minor son who is undergoing speech therapy. It is accordingly, prayed that the present petition may be allowed; and petition bearing No. DMC/494/2024 (Annexure P-2) titled Verma’, pending before the learned Principal Judge, Family Court, Ferozepur be transferred to a Court of No other argument has been made on behalf of the petitioner. ed counsel for the petitioner and carefully gone through No other argument has been made on behalf of the petitioner. ed counsel for the petitioner and carefully gone through RISHU KATARIA 2026.05.29 16:24 I attest to the accuracy and authenticity of this order/judgment. TA-148-2026 the case file. I find merit in the submissions advanced on behalf of the petitioner. 6. constitute sufficient grounds for transfer, the lega cases is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in 2022 Live Law (SC) 627 has held as under: 7. Singh vs Kumar Sanjay, 2002 SC 396 Kishor Babulal Supreme Court has observed that application, the Courts are required to give more weightage and consideration to the convenience of the female litiga 2026 -3- the case file. I find merit in the submissions advanced on behalf of the Besides the facts as noticed hereinabove constitute sufficient grounds for transfer, the lega cases is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in N.C.V. Aishwarya vs A.S. Saravana 2022 Live Law (SC) 627, is notable, wherein the 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 spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the ci 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 desira 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 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 litiga the case file. I find merit in the submissions advanced on behalf of the Besides the facts as noticed hereinabove in para 3, 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 N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” , is notable, wherein the Hon’ble Supreme Court 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 ider 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 st be looked at while considering transfer. 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 Further reliance can be placed upon the judgments in Sumita and Rajani Kishor Pardeshi vs Pardeshi, 2005(12) SCC 237, wherein the Hon’ble “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 the case file. I find merit in the submissions advanced on behalf of the , which l position in such like cases is well established. In this regard, judgment of the Hon’ble Supreme Karthik Sha,” , is notable, wherein the Hon’ble Supreme Court 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 ider 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 rcumstances 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 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 ble 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 2026.05.29 16:24 I attest to the accuracy and authenticity of this order/judgment. TA-148-2026 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 instance of the wife, the Court is to consider the family condition of the wife, the custody of the m 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 her place of residence as well as bearing of the litigation charges and travelling expenses. 9. Rajani Kishor (supra) passed by th appropriate to allow the present petition, subject to the following conditions: 2026 -4- 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 ca 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 her place of residence as well as bearing of the litigation charges and travelling expenses. In view of the judgments i.e. 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/494/2024 (Annexure P-2) titled as ‘Shubham pending before the learned Court, Ferozepur is transferred to a Court of competent jurisdiction at Sirsa. b) The learned District Judge, transfer complete record pertaining to the aforesaid case to District Judge, Sirsa. c) The parties are directed to appear before the District Judge, Sirsa on 29.06.2026 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 to consider the family condition of the wife, the inor 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 In view of the judgments i.e. Sumita Singh’s case (supra), case (supra) and N.C.V. Aishwarya’s case e Hon’ble Supreme Court, this Court deems it appropriate to allow the present petition, subject to the following The petition bearing No. DMC/494/2024 (Annexure 2) titled as ‘Shubham Dhall vs. Mehak Verma’, pending before the learned Principal Judge, Family Court, Ferozepur is transferred to a Court of competent jurisdiction at Sirsa. The learned District Judge, Ferozepur is directed to transfer complete record pertaining to the aforesaid Sirsa. The parties are directed to appear before the District .06.2026. The petition bearing No. DMC/494/2024 (Annexure RISHU KATARIA 2026.05.29 16:24 I attest to the accuracy and authenticity of this order/judgment. TA-148-2026 10. refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties. 11. between the parties, will accommodate them with one date in one calendar month. 12. Bench of this Court in Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet Singh; and 13. 14. 26.05.2026 rishu 2026 -5- d) The District Judge, Sirsa to the Court of competent jurisdiction. The concerned Court at Sirsa ase 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 ar month. 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 also stand disposed of. .05.2026 Whether speaking/reasoned Whether Reportable Sirsa will assign the said petition to the Court of competent jurisdiction. Sirsawill make all endeavour to ase 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 I am supported by the decisions rendered by a Co-ordinate TA No. 1315/2022, 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 2026.05.29 16:24 I attest to the accuracy and authenticity of this order/judgment.