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TA-1677-2024 (O & M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

202

Transfer Application No.1677 of 2024 (O & M)

Date of decision :-14.05.2026

Harjot Kaur

…..Applicant

Versus

Gursharanvir Singh

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. S.K. Kanojia, Advocate

for the applicant.

Mr. Parminder Singh Kanwar, Advocate

for the respondent.

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/12074/2024 titled as “Gursharanvir Singh vs. Harjot

Kaur” (Annexure P-2) pending in the Court of Principal Judge,

Family Court, Ludhiana to a Court of competent jurisdiction at

Hoshiarpur.

2. Learned counsel for the applicant submits :-

i) That the parties were married on 10.11.2022 according

to Sikh rites and rituals.

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

17.8.2023, who is in the care and custody of the

applicant.

VIJAY ASIJA

2026.05.18 19.00

I attest to the accuracy and

integrity of this document

TA-1677-2024 (O & M) 2

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

respondent-husband and living alongwith her minor

child with her single old aged mother at her mercy at

Hoshiarpur as father of the applicant has already expired.

iv) That the applicant is unemployed, having no source of

income and totally dependent upon her old aged parents

and the respondent-husband is not paying anything to her

towards maintenance.

v) That the proceedings arising out of petition :-

(a) Complaint Case under Section 85, 3(5) of

BNS bearing No.COMI-5690/2024;

(b) FIR No.91 dated 04.8.2024 under Section

85 of BNSS at Police Station Mehtiana,

District Hoshiarpur

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

having competent jurisdiction at Hoshiarpur.

vi) That the distance between place of residence of the

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

proceedings under Section 9 of the Act, filed by the

respondent-husband, pending before the Principal Judge,

Family Court, Ludhiana, is about 90 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. Learned counsel for the respondent is not in a position to

controvert the above said facts, however, oppose the prayer made by

learned counsel for the applicant regarding transfer of the proceedings

under Section 9 of the Act, filed by the respondent-husband to the

VIJAY ASIJA

2026.05.18 19.00

I attest to the accuracy and

integrity of this document

TA-1677-2024 (O & M) 3

Court of competent jurisdiction at Ludhiana on the basis that the

present Transfer Application has been filed just to harass the

respondent-husband.

5. I have heard learned counsel for the parties and perused

the case file.

6. 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, is most relevant 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