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Transfer Application No.1726 of 2025 (O & M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

145

Transfer Application No.1726 of 2025 (O & M)

Date of decision :-19.05.2026

Palak Bushra

…..Applicant

Versus

Yogesh Kapoor

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Guninder Singh Brar, Advocate

for the applicant.

Mr. Harsh Chopra, Advocate with

Ms. Simran Kaur Bhatti, Advocate

for the respondent.

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’) bearing No.

DMC/1806/2025 titled as “Yogesh Kapoor vs. Palak” (Annexure P-

1) pending in the Family Court, Jalandhar to a Court of competent

jurisdiction at Fatehgarh Sahib.

2. Learned counsel for the applicant submits :-

i) That the parties were married on 28.5.2025 according to

Hindu rites and rituals.

ii) That no child was born out of this wedlock.

iii) That due to matrimonial discord the applicant-wife is

living separately from the respondent-husband since

26.7.2025 and living with her parents at their mercy at

VIJAY ASIJA

2026.05.25 20.14

I attest to the accuracy and

integrity of this document

Transfer Application No.1726 of 2025 (O & M) 2

Fatehgarh Sahib. It is submitted that the applicant is

young girl of 27 years and was thrown out of the

matrimonial home by the respondent-husband and his

family, due to which the applicant suffered trauma, for

which, she is undergoing treatment in a psychiatric

hospital at Ambala. It is also submitted that the

applicant is willing to reconcile with the respondent.

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. Learned counsel submits that the

v) That the proceedings arising out of petition :-

(a) under Section 125 Cr.P.C.

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

having competent jurisdiction at Fatehgarh Sahib.

vi) That the distance between place of residence of the

applicant-wife i.e. Fatehgarh Sahib and the place of

proceedings under Section 13 of the Act, filed by the

respondent-husband, pending before the Principal Judge,

Family Court, Jalandhar, is about 124 kilometers on one

side.

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

applicant who can accompany her to the Court of

proceedings at Jalandhar.

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

vehemently controverted the submissions made on behalf of the

applicant and submitted that no pleadings had been raised, nor any

evidence led by the applicant, regarding her alleged mental health

issues or any treatment undertaken by her with a psychiatrist at

VIJAY ASIJA

2026.05.25 20.14

I attest to the accuracy and

integrity of this document

Transfer Application No.1726 of 2025 (O & M) 3

Ambala. It was submitted that, in any event, the respondent had filed

the petition for annulment of marriage on the ground that the

applicant and her family had failed to disclose her pre-existing

medical condition relating to mental health issues. It was further

submitted that the applicant had been undergoing treatment for her

mental health issues since the year 2022, which fact was deliberately

concealed from the respondent prior to marriage. Learned counsel

contended that the respondent, in his reply dated 04.04.2026, had not

made any reference to the said aspect as no pleadings in this regard

had been made by the applicant in the present transfer application.

5. With regard to the grounds pleaded in the transfer

application, learned counsel submitted that the sole ground raised by

the applicant for seeking transfer of the petition filed by the

respondent from the Family Court, Jalandhar to the Court at

Fatehgarh Sahib was that there was no one available to accompany

her to Jalandhar. It was submitted that th