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TA-48-2023 (O & M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

102

Transfer Application No.48 of 2023 (O & M)

Date of decision :-19.05.2026

Gazal Dhawan

…..Applicant

Versus

Dinesh Kumar

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Gurmandeep Singh Dhillon, Advocate for

Mr. Karanjeet Singh Brar, Advocate

for the applicant.

None for the respondent despite service.

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 9 of the Hindu

Marriage Act,1955 (for short ‘the Act’) bearing No.HMA/2359/2019

titled “Dinesh Kumar vs. Gazal Dhawan” (Annexure P-1) pending in the

Court of Principal Judge, Family Court, Ludhiana to a Court of competent

jurisdiction at Fazilka.

Though notice has been served upon the respondent and on

06.3.2026 learned counsel for the respondent had put in appearance and

sought time to file reply in the matter. Thereafter on the next date of

hearing i.e. 24.3.2026 learned counsel for the respondent again sought

time to file reply and on his request, the matter was adjourned for

27.4.2026. On 27.4.2026 i.e. the last date of hearing, neither the reply

was filed on behalf of respondent nor anyone had put in appearance to

represent the respondent. The co-ordinate Bench, vide order dated

27.4.2026 had granted last opportunity to the respondent to file reply in

VIJAY ASIJA

2026.05.22 18.58

I attest to the accuracy and

integrity of this document

TA-48-2023 (O & M) 2

the matter. However, despite last opportunity, today also, neither the

reply has been filed nor anyone has put in appearance to represent the

respondent. Accordingly, this petition is being decided in his absence.

2. Learned counsel for the applicant has contended :-

i) That the parties were married on 19.9.2018 according to

Hindu rites and rituals.

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

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

respondent-husband from 03.4.2019 and living with her

parents at their mercy at Fazilka.

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, therefore, the applicant-wife could not travel

the distance of approximately 211 kilometers from the place

of her residence i.e. Fazilka to the learned Family Court at

Ludhiana, whereby the petition under Section 9 of the Act

filed by the husband is pending consideration.

v) That the proceedings arising out of :-

(a) FIR No.56 dated 10.4.2022 under Sections 406,

498-A and 312 IPC, registered at Police Station

City, Jalalabad, District Fazilka;

(b) petition under the Domestic Violence Act

bearing No.COMA/69/2019; and

(c) petition under Section 125 Cr.P.C. bearing

No.MNT/125/144/2019

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

Station having competent jurisdiction at Fazilka.

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

applicant, who can accompany her to the Court of

proceedings at Ludhiana.

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.

VIJAY ASIJA

2026.05.22 18.58

I attest to the accuracy and

integrity of this document

TA-48-2023 (O & M) 3

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 consideration

the economic soundness of both the parties, the soc