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TA-308-2024 (O & M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

144

CM-9871-CII-2026 in/and

Transfer Application No.308 of 2024 (O & M)

Date of decision :-12.05.2026

Neha Gupta

…..Applicant

Versus

Rohit Gupta

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Nakul Sharma, Advocate

for the applicant.

Mr. Amit Arora, Advocate

for the respondent.

NIDHI GUPTA J. (Oral)

CM-9871-CII-2026

Prayer in this application is for placing on record Annexures

P-6 to P-15 and for exemption from filing true

typed/certified/translated/photocopy of Annexures P-6 to P-15.

Allowed as prayed for.

TA-308-2024 (O & M)

1. The present transfer application has been filed by the

applicant-wife seeking transfer of the case bearing HMA/34/2024

(Annexure P-1) titled as “Rohit Gupta vs. Neha Gupta” from the Court of

learned Principal Judge, Family Court, Tarn Taran to the competent Court

of jurisdiction at Family Court, Ludhiana or its camp at Khanna.

2. Learned counsel for the applicant submits that the applicant

was married to the respondent on 06.9.2008. One daughter was born out of

their wedlock on 24.10.2013, who is presently in the care and custody of

VIJAY ASIJA

2026.05.15 08.34

I attest to the accuracy and

integrity of this document

TA-308-2024 (O & M) 2

the applicant. In 2018 the parties alongwith their daughter had moved to

Australia, where, matrimonial dispute arose between the parties. In

Australia, the applicant had filed the Child Support, which was not given

by the respondent. The applicant and the respondent had taken a joint

home loan, which was also being paid by the applicant as the respondent

has stopped paying the loan installments. Ultimately, in December 2023,

the respondent came to India and in January 2024, he promptly filed the

instant petition under Section 13 of the Hindu Marriage Act (hereinafter

called ‘the Act’).

3. Learned counsel for the applicant submits that the said

petition under Section 13 of the Act has been filed by the respondent

through his Power of Attorney holder i.e. his brother-in-law. The

respondent himself is residing and working in Bangalore. The applicant is

also appearing before the learned Family Court, Tarn Taran through her

Power of Attorney holder i.e. her father, as the applicant is presently

residing in Australia alongwith her daughter. It is submitted that the father

of the applicant is suffering from cancer and therefore is unable to travel

the distance of 182 kilometers between Ludhiana, where he used to reside;

and the Family Court at Tarn Taran. The mother of the applicant had also

expired due to cancer. As such, father of the applicant lives by himself and

is unable to handle the litigation at Family Court Tarn Taran.

4. It is submitted that as the applicant was unable to pay the

installments of the home loan alone, she had moved an application

(Annexure P-12) before the Family Court at Australia for selling the house

at Australia, so that the applicant may got some funds. In the said

application the notice was issued to the respondent, to which the

respondent, vide e-mail (Annexure P-8) responded. It is submitted that the

applicant had also filed a petition under Section 125 Cr.P.C. at Khanna,

VIJAY ASIJA

2026.05.15 08.34

I attest to the accuracy and

integrity of this document

TA-308-2024 (O & M) 3

which is now pending adjudication for 01.6.2026. It is accordingly prayed

that keeping in view the above facts, the present application be allowed and

the case bearing HMA/34/2024 (Annexure P-1) be transferred from the

Family Court, Tarn Taran to the Family Court, Ludhiana or its camp at

Khanna.

5. Per contra learned counsel for the respondent opposes the

submissions of the applicant and submitted that the applicant had

previously filed a petition under the Domestic Violence Act at Khanna,

which was dismissed vide order dated 15.11.2025 by the learned Sub

Divisional Judicial Magistrate, Khanna on the grounds of jurisdiction under

Section 27. It is established position in law that convenience of the wife is

to be seen, how