TA-158-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 112 Saroj Bala Jagdish CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. seeking transfer of Section 13 of the Hindu Marriage Act, 1955 (for short No. HMA/1334/2025 (Annexure A pending before the learned Additional Principal Judge, Family Court, Sirsa to a Court of Hisar. 2. respondent has been received back served, but despite service, none has put in appearance on behalf of the respondent today as well last date of hearing i.e. 29.04.2026. decided in his absence. 3. under: 2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-15 Date of Decision: Versus CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. JK Sehrawat, Advocate for the petitioner (through V.C.). NIDHI GUPTA, J. (ORAL) By way of filing the present petition, the petitioner seeking transfer of petition filed by the Section 13 of the Hindu Marriage Act, 1955 (for short No. HMA/1334/2025 (Annexure A-1) titled as ‘Jagdish vs. Saroj Bala’, pending before the learned Additional Principal Judge, Family Court, Sirsa to a Court of competent jurisdiction at Barwala, Sessions Division, As per office report dated 29.04.2026, notice issued to the respondent has been received back served, but despite service, none has put in appearance on behalf of the respondent today as well last date of hearing i.e. 29.04.2026. Accordingly, this petition is decided in his absence. Learned counsel for the petitioner i) Marriage of the petitioner with the respondent was solemnized on 15.07.201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 158-2026 Date of Decision: 26.05.2026 .… Petitioner .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. JK Sehrawat, Advocate for the petitioner By way of filing the present petition, the petitioner-wife is petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 (for short-‘the Act’) bearing 1) titled as ‘Jagdish vs. Saroj Bala’, pending before the learned Additional Principal Judge, Family Court, competent jurisdiction at Barwala, Sessions Division, As per office report dated 29.04.2026, notice issued to the respondent has been received back served, 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 15.07.2013. RISHU KATARIA 2026.05.29 16:24 I attest to the accuracy and authenticity of this order/judgment. TA-158-2026 4. allowed; and petition bearing No. HMA/1334/2025 (Annexure A titled as ‘Jagdish vs. Saroj Bala’, pending before the learned Additional Principal Judge, Family Court, Sirsa be tr competent jurisdiction at Barwala, Sessions Division, Hisar. 5. I have heard learned counsel for the petitioner and carefully gone through the case file. I find merit in petitioner. 6. constitute sufficient grounds for transfer, the legal position in such like cases is well established. In this regard, judgment of the Hon’b Court rendered in 2022 Live Law (SC) 627 has held as under: 2026 -2- ii) One son was born out of the said wedlock whois presently in the care and custody of petitioner mother. iii) Due to matrimonial discord the parties are separately since July, 2021. iv) The petitioner has no independent source of income and is residing along with minor son at her parental house and is fully dependent upon her old age parents as, the respondent anything towards maintenance to the petitioner and minor son. v) The distance between place of petitioner-wife i.e. Barwala and the place of proceedings filed by the respondent is about 100Kms. one side. It is very difficult for her to frequently travel from Barwala to Sirsa to attend the Court proceedings along wit It is accordingly, prayed that the present petition may be allowed; and petition bearing No. HMA/1334/2025 (Annexure A titled as ‘Jagdish vs. Saroj Bala’, pending before the learned Additional Principal Judge, Family Court, Sirsa be tr competent jurisdiction at Barwala, Sessions Division, Hisar. 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 Besides the facts as noticed hereinabove constitute sufficient grounds for transfer, the legal position in such like cases is well established. In this regard, judgment of the Hon’b 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:- One son was born out of the said wedlock whois presently in the care and custody of petitioner- ue to matrimonial discord the parties are residing separately since July, 2021. The petitioner has no independent source of income and is residing along with minor son at her parental house and is fully dependent upon her old age parents as, the respondent-husband is not paying anything towards maintenance to the petitioner-wife The distance between place of residence of the wife i.e. Barwala and the place of proceedings filed by the respondent-husband at Sirsa is about 100Kms. one side. It is very difficult for her to frequently travel from Barwala to Sirsa to attend the Court proceedings along with minor son. It is accordingly, prayed that the present petition may be allowed; and petition bearing No. HMA/1334/2025 (Annexure A-1) titled as ‘Jagdish vs. Saroj Bala’, pending before the learned Additional Principal Judge, Family Court, Sirsa be transferred to a Court of competent jurisdiction at Barwala, Sessions Division, Hisar. No other argument has been made on behalf of the petitioner. I have heard learned counsel for the petitioner and carefully gone through 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 No other argument has been made on behalf of the petitioner. I have heard learned counsel for the petitioner and carefully gone through the submissions advanced on behalf of the , which constitute sufficient grounds for transfer, the legal position in such like le Supreme Karthik Sha,” , is notable, wherein the Hon’ble Supreme Court RISHU KATARIA 2026.05.29 16:24 I attest to the accuracy and authenticity of this order/judgment. TA-158-2026 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 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 2026 -3- “9. The cardinal principle for exercise of power under section 24 of the Code of Civil Pr 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 soundn 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 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 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 should desist from putting female litigants under undue hardships 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 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. 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 rial 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 another should ordinarily be allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships.” The cardinal principle for exercise of power under ocedure 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 ess 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 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 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 rial 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-158-2026 8. aforesaid principle of law. Accordi 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. 9. Rajani Kishor (supra) passed by the Hon’ble Supreme Court, this Court deems it appropriate conditions: 2026 -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 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. 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. HMA/1334/2025 (Annexure A-1) titled as ‘Jagdish vs. SarojBala’, pending before the learned Additional Principal Judge, Family Court, Sirsa is transferred to a of competent jurisdiction at Barwala, Sessions Division, Hisar. b) The learned District Judge, transfer complete record pertaining to the aforesaid case to District Judge, Hisar. c) The parties are directed to appear before th Judge, Hisar on 29.06.2026 d) The District Judge, Hisar to the Court of competent jurisdiction. Even this Court in number of cases has followed the 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 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 (supra) passed by the Hon’ble Supreme Court, this Court deems it to allow the present petition, subject to the following The petition bearing No. HMA/1334/2025 1) titled as ‘Jagdish vs. SarojBala’, pending before the learned Additional Principal Judge, Family Court, Sirsa is transferred to a Court of competent jurisdiction at Barwala, Sessions The learned District Judge, Sirsa is directed to transfer complete record pertaining to the aforesaid Hisar. The parties are directed to appear before the District .06.2026. Hisar will assign the said petition to the Court of competent jurisdiction. RISHU KATARIA 2026.05.29 16:24 I attest to the accuracy and authenticity of this order/judgment. TA-158-2026 10. refer the case before the Mediation and Conciliation 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- The concerned Court at Hisar refer the case before the Mediation and Conciliation 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 calendar 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 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. 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.