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TA-7-2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

141 TA-7-2025

Date of Decision: 18.05.2026

Sandeep Kaur .…Petitioner

Versus

Gubinder Singh .... Respondent

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present: - Mr. Rahul Garg, Advocate for the petitioner.

Mr. Mayur Singla, Advocate for the respondent.

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 9

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

DMC/1357/2024 (Annexure P-1) titled as ‘Gubinder Singh vs. Sandeep

Kaur’ pending before the learned Family Court, Bathinda, Camp Court

at Phul to a Court of competent jurisdiction i.e. Family Court, Patiala,

Camp Court at Nabha.

2. Learned counsel for the petitioner, inter alia, submits that:-

i) The parties were married on 28.11.2021 as per Sikh

Rites and Ceremonies.

ii) One girl child was born out the said wedlock on

27.08.2022; and presently, she is in the care and

custody of the petitioner-mother.

iii) Due to matrimonial discord the parties are now living

separately.

iv) The petitioner has no source of income and is fully

dependent upon her parents.

RISHU KATARIA

2026.05.21 09:11

I attest to the accuracy and

authenticity of this

order/judgment.

TA-7-2025 -2-

v) One case filed by the petitioner under Section 144 of

the BNSS, 2023 (Section 125 Cr.P.C.) bearing No.

MNT125/75/2024 (Annexure P-3) titled as ‘Sandeep

Kuar and another vs. Gubinder Singh’, is pending

adjudication before the learned Family Court, Patiala

Camp Court at Nabha.

vi) The distance between the place of residence of the

petitioner at Nabha, District Patiala and place of

proceedings at Phul, District Bhatinda is about 115

kilometers on one side. As such, it is difficult for her

to undertake frequent travel for the case from Nabha

to Phul along with minor girl child.

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

allowed and petition bearing No. DMC/1357/2024 (Annexure P-1) titled

as ‘Gubinder Singh vs. Sandeep Kaur’ pending before the learned Family

Court, Bathinda, Camp Court at Phul be transferred to a Court of

competent jurisdiction i.e. Family Court, Patiala, Camp Court at Nabha.

4. Per Contra, learned counsel for the respondent vehemently

opposes the submissions advanced by learned counsel for the petitioner

and submits that the petitioner-wife is Graduate and ETT degree-holder.

Moreover, the petitioner has wrongly stated that she has no source of

income. In support, learned counsel for petitioner refers to para 3 of the

reply dated 28.08.2025 submitted by the respondent to demonstrate that

the petitioner is gainfully employed as a Fashion Designer and has also

been regularly filing her Income Tax Returns. As such, learned counsel

for the respondent prays for dismissal of the present petition.

5. No other argument has been made on behalf of the parties. I

have heard learned counsel for the parties and carefully gone through the

case file. I find no merit in the submissions advanced on behalf of the

respondent.

RISHU KATARIA

2026.05.21 09:11

I attest to the accuracy and

authenticity of this

order/judgment.

TA-7-2025 -3-

6. 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 t