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TA-1717-2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

134 TA-1717-2025

Date of Decision: 15.05.2026

Sonika .… Petitioner

Versus

Jaswinder Singh .... Respondent

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present: - Petitioner-Sonika is present in person.

Mr. Ashutosh Sharma, Advocate for the respondent.

NIDHI GUPTA, J. (ORAL)

1. By way of filing the present petition, the petitioner-wife is

seeking transfer of 02 petitions i.e. (a) petition No. HMA-94-2021

(Annexure P-1) titled as ‘Jaswinder Singh vs. Sonika’ filed by

respondent-husband under Section 13 of the Hindu Marriage Act, 1955

(for short-‘the Act’); and (b) petition No. HMA-1930-2024 dated

05.09.2024 (Annexure P-2) titled as ‘Sonika vs. Jaswinder Singh’ filed

by the petitioner-wife under Section 9 of the Act, pending before the

learned Family Court, Rupnagar to the Family Court, Chandigarh.

2. The petitioner who is present in person, inter alia, submits

as under:

i) The parties solemnized marriage on 11.12.2019

according to Hindu Rites and Ceremonies.

ii) No child was born out of the said wedlock.

RISHU KATARIA

2026.05.18 19:48

I attest to the accuracy and

authenticity of this

order/judgment.

TA-1717-2025 -2-

iii) Due to matrimonial discord the parties are living

separately since February, 2020.

iv) At present the petitioner-wife is working as Clerk on

contract basis with the State Legal Services

Authority, U.T. Chandigarh. As such she is unable to

avail leave to travel frequently from Chandigarh to

Rupnagar to pursue both the aforementioned

petitions. It is pointed out that due to frequent leaves

taken by her, a show-cause notice dated 10.10.2023

(Annexure P-3) has been issued to the petitioner to

avoid being absent from duty.

v) Petitioner who is present in person submits that the

present job as Clerk is the only source of her income

as, the respondent-husband is not paying anything by

way of maintenance.

vi) There are 03 cases filed by the petitioner-wife which

are pending adjudication at District Courts,

Chandigarh i.e. (i) under the provisions of the

Protection of Women from Domestic Violence Act,

2005; (ii) under Section 144 BNSS of 2023 (Section

125 Cr.P.C.) for maintenance; and (iii) complaint

with the U.T. Police for registration of case against

the respondent-husband.

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

allowed; and both the petitions bearing Nos. (a) HMA-94-2021

RISHU KATARIA

2026.05.18 19:48

I attest to the accuracy and

authenticity of this

order/judgment.

TA-1717-2025 -3-

(Annexure P-1) titled as ‘Jaswinder Singh vs. Sonika’ filed by

respondent-husband; and (b) HMA-1930-2024 dated 05.09.2024

(Annexure P-2) titled as ‘Sonika vs. Jaswinder Singh’ filed by the

petitioner-wife petition be transferred from the learned Family Court,

Rupnagar to the Family Court at Chandigarh.

4. Per Contra, learned counsel for the respondent vehemently

opposes the submissions advanced by the petitioner who is present person

and submits that the petitioner herself has filed petition bearing No.

HMA-870-2024 dated 30.09.2024 (Annexure P-2) under Section 9 of the

Act before the learned Family Court, Rupnangar. On a Court query, the

petitioner clarifies that although, the aforesaid petition (Annexure P-2) is

pending before the learned Family Court, Rupnagar, however, the counsel

representing her in the said case has refused to pursue the same as, he is

also facing threats from the respondent-side.

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.

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 exer