IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.114 (2 cases)

Date of Decision: 04.11.2025

1. TA-1479-2024 TAMANNA ....Applicant Versus ARUN KUMAR .....Respondent

2. TA-430-2025 TAMANNA ....Applicant Versus ARUN KUMAR .....Respondent CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Munish Puri, Advocate for the applicant (in both the cases).

Mr. Dheeraj Mahajan, Advocate for the respondent (in both the cases).

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ARCHANA PURI, J. (Oral)

These are two applications filed by Tamanna-applicant/wife, for seeking transfer of the litigation, pending between the parties to the lis.

TA-1479-2024 has been filed for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. HMA/496/2024, titled ‘Arun Kumar Vs. Tamanna’.

TA-430-2025 has been filed for seeking transfer of the petition under Section 25 of the Guardians and Wards Act i.e. GW/54/2024, titled ‘Arun Kumar Vs. Tamanna’, thereby seeking custody of the minor child, born from the wedlock of the parties to the lis.

Both the aforesaid cases are pending in the Courts at Gurdaspur and the applicant is seeking transfer of the same to the Court of competent jurisdiction at Pathankot.

In pursuance of the notice issued, respondent made appearance through counsel in both the applications. Counsel for the respondent has filed reply in TA-1479-2024 and he has given a statement that the said reply be considered as reply in the connected application i.e. TA-430-2025, as well.

Counsel for the parties heard.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 12.11.2016. One son born from the said wedlock, who is about 7 years old at present, is in the care and custody of the applicant. Further, it is submitted that the applicant, at present, is residing with her parents at Pathankot. She is employed as a ‘Science Mistress’ and is presently posted at Government High School, Haveli, Dinanagar. Her son is studying in Kindergarten, at Christ-The King Convent School, Dinanagar. In the given circumstances, it is submitted that it is difficult for the applicant, to defend both the cases, which are pending in the Courts at Pathankot.

Furthermore, it is submitted that the applicant has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is pending in the Courts at Pathankot. The distance between the two places is stated to be about 40 kms.

On the other hand, counsel for the respondent submits that the distance is not such, which causes any incovenience to the applicant. In fact, the applicant is posted at Dinanagar, which falls enroute from Pathankot to Gurdaspur and the distance beyond this is maximum 12-15 kms. In view of the submissions made aforesaid, it be noticed that Section 24 of the CPC empowers the High Court/District Court, to inter alia transfer any suit, appeal or other proceedings, pending before it or in any subordinate Court, for trial or disposal. This confers the comprehensive power to transfer said cases, at any stage ‘either on an application by any party or suo motu’. However, it is well-settled that there is no cast iron formula, unanimously applicable to all the situations. One differential/distinctive circumstance can change the decision of the transfer application. In the light of the same, it is incumbent upon the Court concerned, to exercise this power with due care, caution and circumspection. Time and again, broad propositions have been laid down by the Courts, as to what may constitute a ground for transfer of the case. There are numerous circumstances and amongst the same, the foremost to be relevant for the present application is the distance between the two places, where the applicant herself is residing and also where the petition under Section 9 of the Hindu Marriage, as well as the guardianship petition, are pending. Of course, the fact of custody of the child born from the broken marriage, ought to be taken into cons