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TA-694-2026 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

126 TA-694-2026

Date of Decision: 20.05.2026

Jyoti .… Petitioner

Versus

Pankaj Kumar .... Respondent

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present: - Mr. Mohit Rathee, Advocate for the petitioner.

NIDHI GUPTA, J. (ORAL)

1. By way of filing the present petition, the petitioner-wife is

seeking transfer of petition filed by respondent-husband under Section

13 of the Hindu Marriage Act, 1955 (for short-‘the Act’) bearing No.

HMA/375/2024 (Annexure P-1) titled as ‘Jyoti vs. Pankaj Kumar’

pending before the learned Family Court, Panchkula to the Family Court

at Sonipat.

2. Learned counsel for the petitioner, inter alia, submits as

under:

i) Marriage of the petitioner with the respondent was

solemnized on 27.06.2012.

ii) Two children i.e. one daughter (born on 01.10.2014)

and one son (born on 01.10.2018) were born out of

the said wedlock, who are presently in the care and

custody of the petitioner-mother.

iii) Due to matrimonial discord the parties are residing

separately since 10.06.2024.

iv) The petitioner has no source of income and is

residing at her parental home in Sonipat.

v) The distance between place of residence of the

petitioner-wife i.e. Sonipat and the place of

RISHU KATARIA

2026.05.22 20:32

I attest to the accuracy and

authenticity of this

order/judgment.

TA-694-2026 -2-

proceedings filed by the respondent-husband at

Panchkula is about 250 Kms. on one side. It is very

difficult for her to frequently travel from Sonipat to

Panchkula.

3. It is accordingly, prayed that the present petition may be

allowed; and petition bearing No. HMA/375/2024 (Annexure P-1) titled

as ‘Jyoti vs. Pankaj Kumar’ pending before the learned Family Court,

Panchkula be transferred to the Family Court at Sonipat

4. No other argument has been made on behalf of the

petitioner. I have heard learned counsel for the petitioner.

5. Besides the facts as noticed hereinabove, which constitute

sufficient grounds for transfer, the legal position in such like cases 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, is notable, 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 between the same parties which raise

common question of fact and law, and when the decisions in

the cases are interdependent, it is desirable that they should

be tried together by the same Judge so as to avoid

multiplicity in trial of the same issues and conflict of

decisions.”

RISHU KATARIA

2026.05.22 20:32

I attest to the accuracy and

authenticity of this

order/judgment.

TA-694-2026 -3-

6. Further reliance can be placed upon the judgments in Sumita

Singh vs Kumar Sanjay, 2002 SC 396 and Rajani Kishor Pardeshivs

Kishor Babulal Pardeshi, 2005(12) SCC 237, wherein the Hon’ble

Supreme Court has observed that “while deciding the transfer

application, the Courts are required to give more weightage and

consideration to the convenience of the female litigants and transfer of

legal proceedings from one Court to another should ordinarily be

allowed, taking into consideration their convenience and the