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TA-111-2026 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

208 TA-111-2026

Date of Decision: 14.05.2026

Nisha .… Petitioner

Versus

Ravinder .... Respondent

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present: - Mr. Kuldeep Khandelwal, Advocate for the petitioner.

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.

HMA/123/2025 (Annexure P-1) titled as ‘Ravinder vs. Nisha’ pending

before the learned Family Court, Narnaul to a Court of competent

jurisdiction at Pataudi, Sessions Division, Gurugram.

2. Though ordinary as well as dasti notice has been served

upon the respondent through his mother but no one is appearing on his

behalf today, despite the case having been called twice. 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 23.11.2018

according to Hindu Rites and Ceremonies.

RISHU KATARIA

2026.05.18 19:25

I attest to the accuracy and

authenticity of this

order/judgment.

TA-111-2026 -2-

ii) One daughter was born out of the said wedlock on

03.03.2021, who is presently in the care and custody

of the petitioner-mother.

iii) Due to matrimonial discord the parties are living

separately since January, 2024.

iv) One petition bearing No. 47/2025 filed by the

petitioner-wife under Section 144 of BNSS, 2023 for

maintenance is pending adjudication before the

Family Court at Pataudi, Sessions Division

Gurugram in which respondent is putting in

appearance.

v) At present the petitioner is residing with her minor

daughter at her parental him in Farrukh Nagar and the

distance between the place of residence of the

petitioner and place of proceedings at Narnaul is

about 95 kilometers on one side. There is no direct

connectivity of bus between Farrukh Nagar to

Narnaul and the petitioner has to change 04 buses to

travel from Farrukh Nagar to Narnaul. As such, it is

difficult for her to undertake frequent travel for the

case from Barnala to Bathinda along with minor

daughter.

RISHU KATARIA

2026.05.18 19:25

I attest to the accuracy and

authenticity of this

order/judgment.

TA-111-2026 -3-

vi) The petitioner jobless and has no source of income

and she is fully dependent upon the mercy of her

parents.

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

allowed and petition bearing No. HMA/123/2025 (Annexure P-1)

pending before the learned Family Court, Narnaul be transferred to a

Court of competent jurisdiction at Pataudi, Sessions Division, Gurugram.

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

RISHU KATARIA

2026.05.18 19:25

I attest to the accuracy and

authenticity of this

order/judgment.

TA-111-2026 -4-

whose protective umbrella they are seeking their sustenance

to life. Given the prevailing s