##PAGE1##

Transfer Application No.414 of 2025 (O & M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

234

Transfer Application No.414 of 2025 (O & M)

Date of decision :-21.05.2026

Priyanka

…..Applicant

Versus

Parveen Grover

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Kuldeep Singh Siwach, Advocate

for the applicant.

None for the respondent despite service.

NIDHI GUPTA J. (Oral)

1. Prayer in this petition filed by applicant-wife is for

transfer of the petition filed by respondent-husband under Section 13

of the Hindu Marriage Act,1955 (for short ‘the Act’) titled “Parveen

Grover vs. Priyanka” (Annexure P-1) pending in the Family Court,

Jind to a Court of competent jurisdiction at Fatehabad.

As per office report dated 22.4.2026, fresh dasti notice

issued to the respondent has been received back served through his

counsel before the trial Court, however, despite that nobody is

appearing on behalf of respondent. Accordingly, this petition is

being decided in his absence.

2. Learned counsel for the applicant has contended :-

i) That the parties were married on 25.2.2014 according to

Hindu rites and rituals.

VIJAY ASIJA

2026.05.25 20.48

I attest to the accuracy and

integrity of this document

Transfer Application No.414 of 2025 (O & M) 2

ii) That two male children were born out of the said

wedlock on 20.11.2014 and 13.2.2017 respectively, who

are in the care and custody of the applicant-wife.

iii) That the applicant-wife is living separately from the

respondent-husband and living with her parents at their

mercy at Fatehabad.

iv) That the applicant is unemployed, having no source of

income and totally dependent upon her parents and the

respondent-husband is not paying anything to her

towards maintenance.

v) That the proceedings arising out of petitions :-

(a) under the Protection of Women from

Domestic Violence Act, 2005 bearing

No.COMA/87/2024;

(b) under Section 125 Cr.P.C. bearing

No.MNT/88/2024; and

(c) FIR No.0034 dated 03.9.2024 under

Sections 323, 406, 498-A and 506 IPC,

registered at Women Police Station,

Fatehabad.

filed by the applicant-wife, are pending in the Courts

having competent jurisdiction at Fatehabad.

vi) That the distance between place of residence of the

applicant-wife i.e. Fatehabad and the place of

proceedings under Section 13 of the Act, filed by the

respondent-husband, pending before the Family Court,

Jind, is about 110 kilometers on one side.

vii) That there is no proficient male member in the family of

the applicant, who can accompany her to the Court of

proceedings at Jind.

3. It is inter alia on these grounds that applicant prays for

transfer of the case, as detailed in para 1 above.

4. I have heard learned counsel for the applicant.

VIJAY ASIJA

2026.05.25 20.48

I attest to the accuracy and

integrity of this document

Transfer Application No.414 of 2025 (O & M) 3

5. Besides the facts as noticed hereinabove, the legal

position in such like cases as the present one, is well established. In

this regard, judgment of the Hon’ble Supreme Court rendered in

N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022 Live Law

(SC) 627, wherein the Hon’ble Supreme Court has held as under:-

“9. 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

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 pending in

different Courts bet