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TA-183-2026 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

231 TA-183-2026 (O&M)

Date of Decision: 14.05.2026

Harpreet Kaur .…Petitioner

Versus

Gursewak Singh .... Respondent

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present: - Mr. Ritesh Pandey, Advocate for the petitioner.

Mr. KPS Dhaliwal and Mr. Abhishek Sharma, Advocates

for the respondent-husband.

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’) for Restitution of

Conjugal Rights (Annexure P-2) titled as ‘Gursewak Singh vs. Harpreet

Kaur’ pending before the learned Family Court, Tarn Taran to a Court of

competent jurisdiction at Gurdaspur.

2. Learned counsel for the petitioner, inter alia, submits that:-

i) The parties were married on 27.11.2022 as per Sikh

Rites and Ceremonies.

ii) One son was born out of the said wedlock who is

presently in the care and custody of the petitioner-

mother.

iii) Due to matrimonial discord the parties are living

separately since April, 2024.

RISHU KATARIA

2026.05.18 19:25

I attest to the accuracy and

authenticity of this

order/judgment.

TA-183-2026 (O&M) -2-

iv) The petitioner has no source of income. As such she

is unable to maintain herself and the minor child.

v) One case filed by the petitioner under the provisions

of the Protection of Women from Domestic Violence

Act, 2005 (Annexure P-1) is pending adjudication

before the learned Judicial Magistrate Ist Class,

Gurdaspur.

vi) The distance between the place of residence of the

petitioner at Gurdaspur and place of proceedings at

Tarn Taran is about 95 kilometers on one side. As

such, it is difficult for her to undertake frequent travel

for the case from Gurdaspur to Tarn Taran along with

minor child.

vii) The petition (Annexure P-2) filed by the respondent-

husband under Section 9 of the Act deserves to be

transferred from the learned Family Court, Tarn

Taran to Family Court, Gurdaspur as, the petitioner is

single handedly taking care of the minor child.

Moreover, the respondent has filed the said petition

(Annexure P-2) through his Power of Attorney

Holder who is his father as, he himself had deserted

the petitioner and gone to Portugal on 01.03.2023

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

allowed.

RISHU KATARIA

2026.05.18 19:25

I attest to the accuracy and

authenticity of this

order/judgment.

TA-183-2026 (O&M) -3-

4. Learned counsel for the respondent is unable to dispute the

aforesaid submissions of learned counsel for the petitioner.

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

have heard learned counsel and carefully gone through the case file. In

view of the undisputed facts as noted above, 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, wh