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TA-584-2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

202 TA-584-2025

Date of Decision: 15.05.2026

Ramandeep Kaur .… Petitioner

Versus

Jagseer Singh .... Respondent

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present: - Ms. Gagandeep Kaur, Legal Aid Counsel

for the petitioner.

NIDHI GUPTA, J. (ORAL)

1. By way of filing the present petition, 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-1565-2024 (Annexure P-1) titled as ‘Jagseer Singh vs.

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

Camp Court at Phul to a Court of competent jurisdiction at Faridkot.

2. As per office report, ordinary as well as dasti notices issued

to respondent-husband for more than 06 times have been received back

every time with the same report i.e. ‘refused to accept notice’, which is a

valid service. Accordingly, this petition is being decided in his absence.

3. Learned counsel for the petitioner, inter alia, submits as

under:

i) The parties solemnized marriage on 10.01.2017

according to Sikh Rites and Ceremonies.

RISHU KATARIA

2026.05.18 19:53

I attest to the accuracy and

authenticity of this

order/judgment.

TA-584-2025 -2-

ii) 02 children i.e. one son and one girl who are aged

around 07 years and 1½ years respectively.

Presently, both the children are in the care and

custody of the petitioner-mother.

iii) Due to matrimonial discord, both the parties are now

residing separately.

iv) One case bearing No. MNT-125-10-2025 (under

Section 144 of BNSS, 2023) for grant maintenance

filed by the petitioner-wife is pending adjudication at

District Courts, Faridkot.

v) At present the petitioner along with minor children is

residing at her parental home at Faridkot and the

distance between the place of residence of the

petitioner and place of proceedings at Phul, District

Bathinda is about 55 kilometers on one side. As such,

it is difficult for her to undertake frequent travel for

the case from Faridkot to Phul along with minor

children.

vi) The petitioner jobless and has no source of income

and she is fully dependent upon the mercy of her old

aged parents.

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

allowed and petition bearing No. DMC-1565-2024 (Annexure P-1) titled

as ‘Jagseer Singh vs. Ramandeep Kaur’ pending before the learned

RISHU KATARIA

2026.05.18 19:53

I attest to the accuracy and

authenticity of this

order/judgment.

TA-584-2025 -3-

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

competent jurisdiction at Farikot.

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

petitioner. I have heard learned counsel for the petitioner and carefully

gone through the case file. I find merit in the submissions advanced on

behalf of the petitioner.

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 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 a