In matrimonial transfer applications, the convenience of the wife, including her residence, custody of children, and socioeconomic circumstances, is given primary weightage to ensure the ends of justice and avoid undue hardship.

NIDHI GUPTA J. (Oral)

1. Prayer in this Transfer Application filed by applicant-wife is for transfer of the petition filed by respondent-husband under Section 9 of the Hindu Marriage Act,1955 (for short ‘the Act’) bearing No.DMC/1223/2025 titled as “Kartik Gautam vs. Supreet Kaur” (Annexure P-5) pending in the Family Court, Patiala to a Court of competent jurisdiction at Ludhiana.

2. Learned counsel for the applicant has contended :-

i) That the parties were married on 13.9.2013.

ii) That a male child was born out of this wedlock on 06.12.2014, who is in the care and custody of the applicant.

iii) That the applicant-wife is living separately from the respondent-husband and living with her parents at Ludhiana.

iv) That the applicant is presently working as Branch Head/Branch Manager, SBI, ADB, Mehal Kalan, Barnala, which place is approximately 70 kilometers away from the place of her residence; however, the respondent-husband is not paying anything to her or the child towards maintenance.

v) That the proceedings arising out of :-

(a) complaint regarding Domestic Violence, dated 23.7.2025 (Annexure P-4) filed by the applicant-wife, are pending with the Police Authority at Ludhiana.

vi) That the distance between place of residence of the applicant-wife i.e. Ludhiana and the place of proceedings under Section 9 of the Act, filed by the respondent-husband, pending before the Family Court, Patiala, is about 92 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 Patiala and because of job and minor child it is very difficult for the applicant to attend the proceedings at Patiala.

3. It is inter alia on these grounds that applicant prays for transfer of the case, as detailed in para 1 above.

4. Per contra, learned counsel for the respondent has strongly controverted the submissions of learned counsel for the applicant and submits that the applicant by her own saying, as stated in para 17 of the present Transfer Application, that she is going up and down from Ludhiana to Barnala daily as she is posted as Branch Manager in the State Bank of India Bank, ADB at Mehal Kalan, Barnala. On a Court query, learned counsel for the respondent has admitted that the respondent has not paid anything by way of maintenance to the applicant or to their minor son till date. It is, however, submitted that the respondent had offered to pay the same. However, this Court is unable to see that as to what forbids the respondent from making any payment towards maintenance to the applicant or the minor child. However, learned counsel for the respondent submits that the present Transfer Application for transfer the petition under Section 9 of the Act, filed by the respondent at Family Colurt, Patiala to the Court at Ludhiana has been filed just to harass the respondent-husband.

5. I have heard learned counsel for the parties and perused the case file.

6. 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, is most relevant 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 econo