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Transfer Application No.1670 of 2025 (O & M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

106

Transfer Application No.1670 of 2025 (O & M)

Date of decision :-22.05.2026

Mamta Sharma

…..Applicant

Versus

Gauri Shankar

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Rajesh Bansal, Advocate

for the applicant.

None for the respondent despite service.

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 13(1)(1-a) of the Hindu Marriage Act,1955 (for short ‘the

Act’) bearing No.DMC/392/2025 titled as “Gauri Shankar vs.

Mamta Sharma” (Annexure P-1) pending in the Family Court,

Rohtak to a Court of competent jurisdiction at Panipat.

Though notice has been served upon the respondent but

no one is appearing on his behalf for the last three dates i.e.

25.3.2026, 27.4.2026 and 07.5.2026. Today also, nobody is present

to represent him. Accordingly, this petition is being decided in his

absence.

2. Learned counsel for the applicant has contended :-

VIJAY ASIJA

2026.05.22 19.24

I attest to the accuracy and

integrity of this document

Transfer Application No.1670 of 2025 (O & M) 2

i) That the parties were married on 09.12.2012 according

to Hindu rites and rituals.

ii) That two children, one male and one female were born

out of this wedlock on 03.7.2015 and 10.6.2022 were

born out of the said wedlock, who are presently residing

in the care and custody of the applicant-wife.

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

respondent-husband since 24.11.2024 and living with her

parents at their mercy at village Kurana, District Panipat.

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 petition :-

(a) under Section 12 of the Protection of

Women from Domestic Violence Act, 2005;

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

having competent jurisdiction at Panipat.

vi) That the distance between place of residence of the

applicant-wife i.e. Panipat and the place of proceedings

under Section 13(1)(1-a) of the Act, filed by the

respondent-husband, pending before the Family Court,

Rohtak, is about 120 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 Rohtak.

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.

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

VIJAY ASIJA

2026.05.22 19.24

I attest to the accuracy and

integrity of this document

Transfer Application No.1670 of 2025 (O & M) 3

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 between the same parties which raise

common question of f