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TA-599-2026 (O&M) --1-- 101+214 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-599-2026 (O&M) Decided on:-23.07.2026 Preeti ….Applicant. vs. Deepak Kumar
….Respondent.
CORAM:
HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr.Harish Rana, Advocate for the applicant.
Mr. Sidhant Bhonsle, Advocate, for the respondent. ***** HARKESH MANUJA J. (Oral) CM-14302-CII-2026 Application is allowed as prayed for. Reply filed on behalf of the respondent is taken on record. Be tagged at appropriate place. Main case
1. The applicant-wife, by way of present application, seeks transfer of petition bearing No.HMA/693/2026 (Annexure P-1), titled “Deepak Kumar vs. Preeti”, filed under Section 9 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) at the instance of respondent- husband; from the Court of learned Additional Principal Judge, Family Court, Ludhiana to the competent Court of jurisdiction at Dasuya, District Hoshiarpur.
2. Briefly stating, the marriage between the applicant and respondent was solemnized on 11.12.2022; out of the wedlock, one girl child, namely, SONIKA 2026.07.24 16:05 I attest to the accuracy and authenticity of this document
TA-599-2026 (O&M) --2-- Gurseerat Kaur was born, who is presently residing with the applicant-wife; on account of matrimonial discord between the parties, the above mentioned petition under Section 9 of the 1955 Act, came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife.
3.
Learned counsel for the applicant submits that the applicant is residing at her parental home at Dasuya, District Hoshiarpur. Accordingly, a prayer is made for transfer of the petition under Section 9 of the 1955 Act filed at the instance of respondent-husband from Family Court, Ludhiana to Family Court at Dasuya, District Hoshiarpur.
4. On the other hand learned counsel appearing on behalf of the respondent vehemently opposes the prayer made in the application.
5. I have heard learned counsel for the parties and gone through the paper-book.
6. As per the averments made in the present transfer application, the applicant-wife has no independent source of income and is solely dependent upon her old aged parents, who are residing at Dasuya, District Hoshiarpur. Besides it, the applicant is also taking care of her minor daughter, while staying at Dasuya.
7. Further reliance can be placed upon the judgments in “Sumita Singh 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 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 SONIKA 2026.07.24 16:05 I attest to the accuracy and authenticity of this document
TA-599-2026 (O&M) --3-- their convenience and the Courts should desist from putting female litigants under undue hardships.”
8. Considering the aforesaid facts and circumstances as well as keeping in view of the law laid down in the aforementioned judgment, the transfer application is allowed and the petition bearing HMA-693-2026, titled as “Deepak Kumar vs. Preeti” under Section 9 of the 1955 Act filed by the respondent-husband, stands transferred from the Court of ld. Principal Judge, Family Court, Ludhiana to the Family Court at Dasuya, District Hoshiarpur. The requisite record of the aforesaid case be sent by the learned Court, Ludhiana to the Court concerned.
9. Pending miscellaneous application(s), if any, shall also stand
disposed off. 23.07.2026
(HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.24 16:05 I attest to the accuracy and authenticity of this document