TA-185-2026 (O&M) 214 IN THE HIGH COURT OF PUNJAB AND HARYANA Sonia Hitender CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Present: Mr. Mohit Nehra Mr. Karanvir Hooda, Advocate and Ms. Rashi Hooda, Advocate for the respondent. NIDHI GUPTA, J. Prayer in this petition filed by petitioner petition filed by the respondent Act, 1955 (hereinafter referred to as ‘HMA’) Hitender” bearing case Principal Judge, Family Court, District Bhiwani 2. Learned counsel for the petitioner seeks transfer of the above mentioned petition filed by the respo Marriage Act, from Bhiwani on account of the following reasons: i) on ii) 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. Mohit Nehra, Advocate for the petitioner. Mr. Karanvir Hooda, Advocate and Ms. Rashi Hooda, Advocate for the respondent. 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’) seeking divorce ” bearing case No.DMC/553/2025 (Annexure P Principal Judge, Family Court, Rohak to the Court of competent jurisdiction at Bhiwani Learned counsel for the petitioner seeks transfer of the above mentioned petition filed by the respondent-husband under Section Marriage Act, from Family Court Rohtak to Court of competent jurisdiction at on account of the following reasons:- Marriage of the petitioner with the respondent was on 16.11.2021; no child is born out of the said wedlock -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-185-2026 (O&M) Date of Decision : 26.05.2026 ....Petitioner ....Respondent CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA , Advocate for the petitioner. Mr. Karanvir Hooda, Advocate and Ms. Rashi Hooda, Advocate for the respondent. Prayer in this petition filed by petitioner-wife is for transfer of the husband under Section 13 of the Hindu Marriage seeking divorce titled as “Sonia Vs. (Annexure P-1) pending before the ld. Court of competent jurisdiction at Learned counsel for the petitioner seeks transfer of the above husband under Section 13 of the Hindu Court of competent jurisdiction at Marriage of the petitioner with the respondent was solemnized child is born out of the said wedlock; wife is for transfer of the of the Hindu Marriage Sonia Vs. ) pending before the ld. Court of competent jurisdiction at Learned counsel for the petitioner seeks transfer of the above- of the Hindu Court of competent jurisdiction at solemnized TRIPTI SAINI 2026.05.29 09:20 I attest to the accuracy and integrity of this document TA-185-2026 (O&M) iii) since iv) pending under v) therefore, from vi) petition preparing for competitive exam student. Rohtak. It is accordingly, prayed that present petition be allowed and the afore-mentioned petition filed under Section transferred from the Family Court, District Bhiwani 2026 (O&M) Due to matrimonial discord the parties are residing separately since 04.12.2023; iv) There are 02 cases filed by the petitioner pending adjudication before the Courts at under:- (a) Petition filed under Domestic Violence Act, 2005 2024 pending before the learned Judicial Magistrate Bhiwni (b) Criminal case bearing No.CHI 2025, titled as “State Vs. Hitender” pending before the Court of ld. Judicial Magistrate Ist Class, Bhiwani Petitioner has no independent source of income and therefore, it is difficult for her to travel a distance of about from Bhiwani to Rohtak; Moreover also as admitted petition under Section 13 HMA (Annexure P preparing for competitive exam, and student. Therefore, it is difficult for her to travel from Bhiwani to htak. It is accordingly, prayed that present petition be allowed and the mentioned petition filed under Section transferred from the Family Court, Rohtak to the Bhiwani. -2- Due to matrimonial discord the parties are residing separately cases filed by the petitioner-wife which are adjudication before the Courts at Bhiwani; which are as Petition filed under the Protection of Women from Domestic Violence Act, 2005 bearing No.COMA-346 pending before the learned Additional Chief Bhiwni; Criminal case bearing No.CHI-399-2025/BA-877 ate Vs. Hitender” pending before the Court of ld. Judicial Magistrate Ist Class, Bhiwani; Petitioner has no independent source of income and to travel a distance of about 55-60 kms admitted by the respondent in his under Section 13 HMA (Annexure P-1), the petitioner is and is doing MA and is a first year Therefore, it is difficult for her to travel from Bhiwani to It is accordingly, prayed that present petition be allowed and the mentioned petition filed under Section 9 of HMA Annexure P-1 be to the Court of competent jurisdiction at Due to matrimonial discord the parties are residing separately wife which are which are as the Protection of Women from 346- Additional Chief 877- ate Vs. Hitender” pending before the Petitioner has no independent source of income and kms by the respondent in his 1), the petitioner is doing MA and is a first year Therefore, it is difficult for her to travel from Bhiwani to It is accordingly, prayed that present petition be allowed and the 1 be Court of competent jurisdiction at TRIPTI SAINI 2026.05.29 09:20 I attest to the accuracy and integrity of this document TA-185-2026 (O&M) 3. Per contra, learned counsel for the respondent opposes the submissions advanced on behalf of the petitioner by stating that the respondent is also preparing for the respondent also has extreme back 4. No other argument has been made on behalf of the heard learned counsel for the merit in the submissions advanced on behalf of the petitioner 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 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 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 w 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. 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 m conflict of decisions.” 6. Further reliance can be placed upon the judgments in vs Kumar Sanjay, 2002 SC 396 2026 (O&M) Per contra, learned counsel for the respondent opposes the submissions advanced on behalf of the petitioner by stating that the respondent is for SSC examination and Haryana CET. also to travel to Bhiwani. Furthermore, mother of the respondent has extreme back-pain problem and requires constant assistance. No other argument has been made on behalf of the heard learned counsel for the parties and carefully gone through the c 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 ent 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 proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the 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 w 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 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 vs Kumar Sanjay, 2002 SC 396 and Rajani Kishor Pardeshivs Kishor Babulal -3- Per contra, learned counsel for the respondent opposes the submissions advanced on behalf of the petitioner by stating that the respondent is SSC examination and Haryana CET. Therefore it is difficult for Bhiwani. Furthermore, mother of the respondent pain problem and requires constant assistance. No other argument has been made on behalf of the parties. I have 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 ent 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 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 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 ultiplicity in trial of the same issues and Further reliance can be placed upon the judgments in Sumita Singh Rajani Kishor Pardeshivs Kishor Babulal Per contra, learned counsel for the respondent opposes the submissions advanced on behalf of the petitioner by stating that the respondent is herefore it is difficult for Bhiwani. Furthermore, mother of the respondent I have ase file. I find 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 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 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 hose 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 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 ultiplicity in trial of the same issues and Sumita Singh Rajani Kishor Pardeshivs Kishor Babulal TRIPTI SAINI 2026.05.29 09:20 I attest to the accuracy and integrity of this document TA-185-2026 (O&M) 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 transfer of legal proceedings from one Court to allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships 7. Even this Court in number of cases has followed the aforesaid principle of law. Accordi 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 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 o travelling expenses. 8. In view of the judgments i.e. Kishor Pardeshi’s the Hon’ble Supreme Court, this Court deems it appropriate petition, subject to the following conditions: a) b) 2026 (O&M) 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 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 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 o 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 petition, subject to the following conditions:- The petition bearing No.DMC/553/2025 titled as “Hitender Vs. Sonia Principal Judge, Family Court, Court of competent jurisdiction at The learned District Judge, complete record pertaining to the aforesaid case to District Judge, Bhiwani. -4- , 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 the Courts should desist from putting female litigants under undue hardships.” Even this Court in number of cases has followed the aforesaid ngly, 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 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 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/553/2025 (Annexure P-1 Hitender Vs. Sonia” pending before the learned Principal Judge, Family Court, Rohtak is transferred to the petent jurisdiction at Bhiwani. The learned District Judge, Rohtak is directed to transfer complete record pertaining to the aforesaid case to District , 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 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 ngly, 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 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 f the litigation charges and Rajani case (supra) passed by to allow the present 1) e the learned the is directed to transfer complete record pertaining to the aforesaid case to District TRIPTI SAINI 2026.05.29 09:20 I attest to the accuracy and integrity of this document TA-185-2026 (O&M) c) d) 9. The concerned Court at case before the Mediation and Conciliation Centre for exploring the p 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. The present 13. Pending application(s), if any, shall also stand disposed of. May 26, 2026 tripti Whether speaking/non Whether reportable 2026 (O&M) The parties are directed to appear before the District Judge, Bhiwani on 20.07.2026. The District Judge, Bhiwani Court of competent jurisdiction. The concerned Court at Bhiwani will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the p 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 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. 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- 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 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 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 disposed of, in the above terms. Pending application(s), if any, shall also stand disposed of. (NIDHI GUPTA) JUDGE The parties are directed to appear before the District Judge, will assign the said petition to the will make all endeavour to refer the ossibility 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 TRIPTI SAINI 2026.05.29 09:20 I attest to the accuracy and integrity of this document