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Transfer Application No.337 of 2024 (O & M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

221

Transfer Application No.337 of 2024 (O & M)

Date of decision :-20.05.2026

Kamalpreet Kaur

…..Applicant

Versus

Mangal Singh and another

…..Respondents

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Rahul Vats, Advocate

for the applicant.

None for contesting respondent No.1.

Mr. Ashwani Antil, Advocate

for respondent No.2.

NIDHI GUPTA J. (Oral)

1. Prayer in this Transfer Application filed by applicant-

wife is for transfer of the petition filed by respondent No.1-husband

under Section 13 of the Hindu Marriage Act,1955 (for short ‘the

Act’) bearing No.DMC/123/2022 titled as “Mangal Singh vs.

Kamalpreet Kaur and another” (Annexure P-2) pending in the

Family Court, Jalandhar to a Court of competent jurisdiction at

Chandigarh.

Respondent No.2 has already put in appearance;

whereas as per office report, notice issued to the contesting

respondent No.1 through dasti process has been received back duly

served, however, there is no representation on his behalf.

VIJAY ASIJA

2026.05.25 20.21

I attest to the accuracy and

integrity of this document

Transfer Application No.337 of 2024 (O & M) 2

Accordingly, this Transfer Application is being decided in his

absence.

2. Learned counsel for the applicant has contended :-

i) That the parties were married on 15.8.2014 according to

Sikh rites and rituals.

ii) That a male child was born out of this wedlock on

06.3.2015, who is in the care and custody of the

applicant.

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

respondent-husband since January 2018 and presently

residing at Sant Kirpal Nagar, situated at Bhabat,

Zirakpur, District SAS Nagar (Mohali).

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

income and the minor son also remain ill, as evident

from his medical report (Annexure P-3); and the

respondent-husband is not paying anything to her or the

minor child towards maintenance despite passing of the

order dated 16.5.2023 passed by the learned Family

Court, Fatehgarh Sahib Camp Court Khamanon in an

application filed by the applicant and minor son under

Section 125 Cr.P.C., whereby Rs.5000/- per month to the

applicant and the minor son each has been allowed.

However, learned counsel for the applicant submits that

since the maintenance was granted on lower side, a

revision petition has been filed by the applicant against

the said order, which is pending adjudication before this

Court.

v) That the distance between place of residence of the

applicant-wife i.e. SAS Nagar (Mohali) and the place of

proceedings under Section 13 of the Act, filed by the

respondent-husband, pending before the Family Court,

Jalandhar, is about 150 kilometers on one side.

VIJAY ASIJA

2026.05.25 20.21

I attest to the accuracy and

integrity of this document

Transfer Application No.337 of 2024 (O & M) 3

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

the applicant, who can accompany her to the Court of

proceedings at Jalandhar and even she has to look after

her ailing minor child.

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

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

4. Learned counsel appearing for respondent No.2 does not

object to the submissions made by learned counsel for the applicant.

4. I have heard learned counsel for the applicant as well as

learned counsel for respondent No.2.

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 consider