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TA-356-2026 (O & M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

107

Transfer Application No.356 of 2026 (O & M)

Date of decision :-15.05.2026

Jasvir Kaur

…..Applicant

Versus

Anmol Rattan

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

Present:- Ms. Arzoo Modi, Advocate

for the applicant.

NIDHI GUPTA J. (Oral)

1. Prayer in this Transfer Application filed by applicant-

wife is for transfer of the petition bearing No.HMA/45/2026 filed by

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

1955 (for short ‘the Act’) titled as “Anmol Rattan Vs. Jasvir Kaur”

(Annexure P-1) pending in the Court of Additional Principal Judge,

Family Court, Ludhiana to a Court of competent jurisdiction at

Malerkotla.

2. Learned counsel for the applicant submits :-

i) That the parties were married on 12.10.2024 according

to Sikh rites and rituals.

ii) That a male child was born out of this wedlock on

18.8.2025, and is in the care and custody of the

applicant.

VIJAY ASIJA

2026.05.18 19.12

I attest to the accuracy and

integrity of this document

TA-356-2026 (O & M) 2

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

respondent-husband since 04.9.2025 and living with her

parents at their mercy at Village Sarwarpur, District

Malerkotla.

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.

v) That the distance between place of residence of the

applicant-wife i.e. Malerkotla and the place of

proceedings under Section 13 of the Act, filed by the

respondent-husband, pending before the Additional

Principal Judge, Family Court, Ludhiana, is about 50

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 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.

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 social strata of the spouses and their

behavioural pattern, their standard of life prior to the

marriage and subsequent thereto and the circumstances of

VIJAY ASIJA

2026.05.18 19.12

I attest to the accuracy and

integrity of this document

TA-356-2026 (O & M) 3

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 are pending in

different Courts between the same parties which raise

common question of fact and law, and when the decisions

in the cases are interdependent, it is desirable that they

should be tried together by the same Judge so as to avoid

multiplicity in trial of the same issues and conflict of

decisions.”

6. Further reliance can be placed upon the judgments in

“Sumita Singh vs Kumar Sanjay”, 2002 SC 396 and “Rajani

Kishor Pardeshivs Kishor Babulal Pardeshi”, 2005(12) SCC 237

wherein the Hon’ble Supreme Court has observed that “while

deciding the transfer application, the Courts are required to give more

weightage and consideration to the convenience of the female

litigants and transfer of legal proceedings from one Court to another

should or