IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.219 Date of Decision: 09.03.2026 NEHA JAIN ....Applicant Versus SAURABH JAIN .....Respondent CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Gourav Jain, Advocate for the applicant.

Mr. Roop Jain, Advocate for the respondent.

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ARCHANA PURI, J. (Oral)

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13(a) of the Hindu Marriage Act i.e. HMA/877/2025, titled ‘Saurabh Jain v/s Neha Jain’, filed by the respondent-husband, pending in the Family Court, Faridabad and she seeks transfer of the same to the Court of competent jurisdiction at Gurugram.

Upon notice issued, the respondent made appearance through counsel and filed the reply. Even, the rejoinder was filed at the instance of the applicant.

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 01.07.2021 but no child was born from the said wedlock. Unfortunately, on account of the matrimonial dispute, the parties are residing separate. The applicant is working as Assistant Professor in Guru Dronacharya Government College, Gurugram on contractual basis. She has filed petition under Section 12 of Protection of Women from Domestic Violence Act, which is pending in the courts at Gurugram and the respondent is making appearance in the same. Besides the same, the respondent is also facing trial in the case bearing FIR No. 14 dated 12.03.2022, in the courts at Gurugram. Also, it is submitted that the applicant is suffering from Vestibular neuritis, vertigo and back pain and her treatment is going on since the year 2023. In this regard, counsel makes reference to Annexures P-4 as well as latest medical record, Annexure P-5, which has been annexed with the rejoinder.

In the light of the aforesaid, it is submitted that even though, the distance between the two places, where the divorce petition is pending and where it is sought to be transferred, is only 35 kms, but however, it consumes a lot of time and therefore, on account of her medical ailment, the applicant finds it difficult to pursue the litigation pending at Faridabad. Moreover, counsel for the applicant while making reference to the rejoinder, submits that the respondent himself is working as AVM in HSBC Bank, Gurugram, from the last more than 11 years and commutes daily from Faridabad to Gurugram, to follow his job.

Keeping in view the aforesaid, counsel for the applicant makes prayer for acceptance of the transfer application.

On the other hand, counsel for the respondent refutes the claim for transfer of the divorce petition. In fact, he submits that only to cause harassment to the respondent, the present application has been filed. Firstly, while making reference to the medical record, he submits that false emergency has been created by the applicant and in this regard, he submits that the medical record, which has been placed on record by the applicant, relates to the year 2023 and further only to the year 2025, wherein, there is no such reference about the precautions to be taken has been mentioned. In fact, it is only in Annexure P-5, there is mention made about the precaution to be taken to avoid travelling and driving. In fact, the counsel submits that this is the created document, only to seek favourable order in the present application.

On query by the court, it is admitted by the counsel that the respondent is facing trial in the criminal case and also pursuing the divorce petition, which are pending in the courts at Gurugram. On further query, with regard to the recitals of Paragraph No.6 of the rejoinder, counsel also admits that the respondent is working in HSBC Bank at Gurugram, for the last 11 years and he commutes from Faridabad to Gurugram, to follow his job. However, voluntarily it is also further submitted that the respondent at present is working from home. On further query by