IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 11.11.2025 Meenakshi Baweja ......Petitioner Versus Deepak Baweja and others .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Ms. Tarranum Madan, Advocate for the petitioner.

Mr. Ambuj Srivastava, Advocate for the respondents (through V.C.).

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KIRTI SINGH , J. (ORAL)

1. The present petition has been filed under Section 482 read with Section 407 Cr.P.C. seeking transfer of the complaint filed under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 (for short ‘the Act of 2005’), bearing No. COMA/618/2021 (COMA/8/21) CNR No. PBMN030006182021 titled as ‘Meenakshi Baweja versus Deepak Baweja and others’ (Annexure P-1) pending before the Court of learned Chief Judicial Magistrate, Mansa to the Court of competent jurisdiction at Gurugram.

2. Learned counsel for the petitioner submits that the marriage between the petitioner and respondent No. 1 was solemnized on 13.4.2012. Out of the said wedlock, two male children, who are in the care and custody of the petitioner, were born. Subsequently, a matrimonial dispute occurred between the parties, and the petitioner was turned out of the matrimonial home along with her children. It is further submitted that the petitioner in Gurpreet Singh order to secure good future for her children, had taken admission in B.Ed.

I attest to the accuracy and Course in S.S. College of Education for Girls at Bhikhi, Mansa (Punjab). Thereupon, the petitioner withdrew the earlier complaint filed by her under the Act of 2005, and filed the present complaint (Annexure P-1) on the same cause of action before the Court of learned Chief Judicial Magistrate, Mansa. Now, after the completion of her B.Ed course, and in search of job opportunities, the petitioner has moved to Gurugram and has been residing at a rented accommodation there. Further, the petitioner has also got her children admitted in Delhi Public School, Sector 67-A, Gurugram. It is submitted that since the petitioner is residing at Gurugram with her children, in these circumstances, attending the Court proceedings all the way at Mansa is an impossible task as the same is about 300 kms away from Gurugram. Further, since the respondent is also a resident of Gurugram, therefore, the transfer of the present case would not cause any inconvenience to him. It is highlighted that earlier the petitioner has sought transfer of the petitions i.e. (i) petition under Section 6 of the Hindu Minority and Guardianship Act, (ii) petition under Section 9 of the Hindu Marriage Act, (iii) petition under Section 125 of the Cr.P.C. and (iv) petition under Section 13 of the Hindu Marriage Act by filing TA-336-2025, TA-1471-2024, CRM-M-4746-2025 and TA-1656-2024, respectively from the Courts at Mansa to the Court of competent jurisdiction at Gurugram. Vide a common order dated 29.10.2025 passed by a co-ordinate Bench of this Court, the said Transfer Application and other connected applications/petition were allowed. Therefore, it is prayed that the present petition be allowed, and the petition under the Act of 2005 be also transferred from the Court of Mansa to the Court of competent jurisdiction at Gurugram.

3. Per contra, the learned counsel for the respondent opposes the I attest to the accuracy panrdesent petitioner. It is submitted that the respondent-husband is pursuing the cases at Mansa, and has been appearing there on each and every date of hearing.

4. Heard the learned counsel for the parties.

5. While adjudicating on the transfer application relating to the matrimonial dispute, the Courts generally consider the convenience of the wife. However, other circumstances, arising out of the material are also required to be taken into consideration. One distinctive circumstance may lead to a different decision of the transfer application. The essential factors, which are required to be taken into consideration also include whether there are the children born from the bro