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T.A.No. 598 of 2024 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

102 Transfer Application No. 598 of 2024

Date of decision:-12.05.2026

Ram Niwas

……….Petitioner

vs

Neha Rani

………..Respondent

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Parminder Singh, Advocate

for the petitioner.

Respondent proceeded against ex-parte (vide order dated

24.3.2026).

NIDHI GUPTA, J.(Oral)

1. Prayer in this petition filed by petitioner-husband is for

transfer of the petition filed by respondent-wife under Sections 11 and

12 (i) (c) of the Hindu Marriage Act,1955 (for short ‘the Act’)

bearing HMA-190-2024 titled as “Neha Rani vs. Ram Niwas”

(Annexure P-1) pending in the Court of Principal Judge, Family

Court, Fatehabad to a Court of competent jurisdiction at Karnal.

Order sheets shows that notice of motion has not been

issued in the present matter. However, on 29.10.2025, learned

counsel for the respondent had withdrawn his Power of Attorney on

behalf of respondent and vide order dated 24.3.2026 passed by a co-

ordinate Bench of this Court, the respondent was proceeded against

ex-parte. Accordingly, this petition is being decided in her absence.

2. Learned counsel for the petitioner submits :-

VIJAY ASIJA

2026.05.15 08.34

I attest to the accuracy and

integrity of this document

T.A.No. 598 of 2024 (O&M) 2

i) That the marriage was run away marriage and the parties

were married on 14.7.2022 according to Hindu rites and

rituals.

ii) No child was born out of the said wedlock.

iii) That the parents of the respondent took away the

respondent on the excuse of rituals and since then the

parties are living separately.

iv) That the proceedings arising out of petition(s) :-

(a) under Section 9 of the Hindu Marriage Act;

filed by the petitioner-husband on 4.3.2024, are already

pending before the Courts having competent jurisdictions

at Karnal, in which, after receipt of summons in the said

petition under Section 9 of the Hindu Marriage Act, in

counter, the respondent-wife instituted a petition under

Sections 11 and 12(i)(c) of the Hindu Marriage Act at

Family Court, Fatehabad on dated 20.3.2024.

v) That the petition filed by the respondent-wife also needs

to be transferred to Karnal, as the petitioner faces

imminent threat and danger to his life and liberty from the

parents of the respondent-wife as marriage between the

parties was solemnized without the consent of the parents

of the respondent. In this regard petitioner has also filed a

Police Complaint dated 22.4.2024 before the

Superintendent of Police, Karnal (Annexure P-7).

vi) That the distance between District Courts, Fatehabad,

where the petition filed by respondent-wife is pending and

District Karnal, where the petition under Section 9 of the

Hindu Marriage Act, filed by the petitioner-husband is

pending, is about 150 kilometers one side.

vii) That in case the petition, which is subject matter of

transfer in the present petition, is transferred to the Family

Court, Karnal, it will not prejudice the rights of the

respondent-wife.

VIJAY ASIJA

2026.05.15 08.34

I attest to the accuracy and

integrity of this document

T.A.No. 598 of 2024 (O&M) 3

3. It is inter alia on these grounds that petitioner prays for

transfer of the case, as detailed in para 1 above.

4. I have heard learned counsel for the petitioner.

5. In view of the above, the present petition is allowed,

subject to the following conditions:-

a) The petition filed by the respondent-wife under

Sections 11 and 12(i)(c) of the Hindu Marriage Act,

1955 bearing HMA-190-2024 (Annexure P-1),

pending in the Family Court, Fatehabad is

transferred to the Family Court at Karnal.

b) The ld. District Judge, Fatehabad is directed to

transfer complete record pertaining to the aforesaid

case to Family Court at Karnal.

c) The parties are directed to appear before the Family

Court at Karnal on 15.6.2026.

d) The District Judge, Karnal will assign the said

petition to the Court of competent jurisdiction.

6. The concerned Family Court at Karnal will make all

endeavour to refer the case before the Mediat