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TA-512-2026 1 of 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

238 TA-512-2026 (O&M)

Date of decision: 13.05.2026

Bano alias Sayrabano ...Petitioner(s)

Vs.

Amin Khan alias Yamin ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Vishal Mittal, Advocate

for the petitioner.

Mr. Amin Khan-

Respondent in person.

***

NIDHI GUPTA, J.

Prayer in this petition filed by petitioner-wife under Section

24 of Civil Procedure Code, 1908 is for transferring the Suit no.

DMC/1322/2024 titled as Amin Khan @ Yamin Vs. Bano @Sayrabano

(Annexure P1), filed by the respondent/husband for declaration to the

effect that the Nikah between the plaintiff i.e. Amin Khan and defendant

i.e. Bano @ Sayrabano which was solemnised on 07.12.2024 be dissolved

under the provisions of Mohammedan Law as both the parties belongs to

Sunni community, pending before Ld. Addl. Principal Judge, Family Court,

Hisar be transferred to Family Court, Gurugram.

2. It is inter alia submitted by learned counsel for the petitioner

that the petitioner was married to the respondent/husband on

07.12.2024 according to Muslim/Mohammedan rites and ceremonies. It is

submitted that the above said suit filed by the respondent, and pending

DIVYANSHI

2026.05.14 17:00

I attest to the accuracy and

integrity of this document

TA-512-2026 2 of 4

before the learned Additional Principal Judge, Family Court, Hisar

deserves to be transferred to Family Court at Gurugram as:

1) the distance between Hisar and Gurugram is 185 KM and

petitioner is unable to travel this distance;

2) that father and brother of the petitioner are not able to help the

petitioner and, therefore, she is not able to travel;

3) that there are 3 cases filed by the petitioner which are already

pending in Gurugram, the same being:

(a) Petition under Section 125 Cr.P.C. pending before

Principal District Judge, Family Court, Gurugram

(Annexure P-4);

(b) FIR No. 207 dated 05.12.2022 under Sections 323, 34,

354, 498A of IPC against the respondent and his family

members (Annexure P-2); and

(c) Complaint under Sections 12 read with Section 17, 18,

19, 20, 22 and 23 of the Protection of Women from

Domestic Violence Act, 2005 titled as Smt. Bano vs.

Amin Khan and others before the learned Judicial

Magistrate, First Class, Gurugram.

3. It is accordingly prayed that the present Petition be allowed;

and the Civil Suit filed by the respondent presently pending before the

Family Court, Hisar be transferred to Family Court, Gurugram.

4. Per Contra, the respondent, who is appearing in person

opposes submissions made on behalf of the petitioner and submits that 2

children, namely, Arman aged 11 years and Ayan aged 8 years were born

out of the wedlock of the petitioner and the respondent; who are

presently living with the respondent at Hisar. Thus, minor children are in

the sole care and custody of the respondent. Moreover, petitioner had left

DIVYANSHI

2026.05.14 17:00

I attest to the accuracy and

integrity of this document

TA-512-2026 3 of 4

matrimonial home on 28.09.2021 of her own free will without sufÏcient

cause deserting the minor children and respondent had tried to persuade

her many times to come back even with the intervention of Biradari

Panchayat however, to no avail. The respondent has to earn his living and

is also paying maintenance to the petitioner. Petitioner had also filed

several false cases against the respondent and his family thereby causing

great harassment to the respondent and his family. Therefore, as the

respondent has many additional responsibilities of earning and providing

for his family and ensuring proper upbringing of his children, it is

accordingly prayed that the present Petition be dismissed.

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

have heard learned counsel for the petitioner and the respondent and have

perused the case file in detail. I find merit in the submissions of respondent.

6. From the facts noted above, it is clear that unlike the respond-

ent, the petitioner has no onerous responsibility and is l