##PAGE1##

TA-186-2026 (O & M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

113

Transfer Application No.186 of 2026 (O & M)

Date of decision :-12.05.2026

Rajdeep Kaur

…..Petitioner

Versus

Sunny Kumar

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Hardik Ahluwalia, Advocate

for the petitioner.

Mr. Raghav Monga, Advocate with

Mr. Nitish Handa, Advocate and

Mr. Deepak Sharma, Advocate for the respondent.

NIDHI GUPTA J. (Oral)

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

transfer of the petition filed by respondent-husband under Sections

12(2)(a)(i) and 13 of the Hindu Marriage Act,1955 (for short ‘the

Act’) bearing DMC/315/2025 titled as “Sunny Kumar vs. Rajdeep

Kaur” (Annexure P-2) pending in the Court of Principal Judge,

Family Court, Fatehgarh Sahib to a Court of competent jurisdiction

at Ludhiana.

2. Learned counsel for the petitioner submits :-

i) That the parties were married on 14.11.2021 according

to Sikh rites and rituals.

ii) That a female child was born out of this wedlock, whose

date of birth is 20.12.2022 and is in the care and custody

of the petitioner.

VIJAY ASIJA

2026.05.15 17.10

I attest to the accuracy and

integrity of this document

TA-186-2026 (O & M) 2

iii) That the petitioner-wife is living separately from the

respondent-husband since 18.4.2023 and living

alongwith her minor child aged 03 years with her parents

at their mercy at Ludhiana.

iv) That the petitioner is unemployed, having no source of

income and totally dependent upon her old aged parents

and the respondent-husband is not paying anything to her

towards maintenance.

v) That the proceedings arising out of petition :-

(a) under the Protection of Women from

Domestic Violence Act, 2005

filed by the petitioner-wife, are pending in the Courts

having competent jurisdiction at Ludhiana.

vi) That the distance between place of residence of the

petitioner-wife i.e. Ludhiana and the place of

proceedings under Section 12(2)(1)(i) and 13 of the Act,

filed by the respondent-husband, pending before the

Principal Judge, Family Court, Fatehgarh Sahib, is about

64 kilometers on one side.

vii) That there is no proficient male member in the family of

petitioner who can accompany her to the Court of

proceedings at Fatehgarh Sahib.

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

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

4. Learned counsel for the respondent is not in a position to

controvert the above said facts, however, oppose the prayer made by

learned counsel for the petitioner regarding transfer of the

proceedings under Section 12(2)(1)(i) and 13 of the Act, filed by the

respondent-husband to the Court of competent jurisdiction at

Ludhiana.

VIJAY ASIJA

2026.05.15 17.10

I attest to the accuracy and

integrity of this document

TA-186-2026 (O & M) 3

5. I have heard learned counsel for the parties and perused

the case file.

6. The legal position in such like cases as the present one,

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 most relevant 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, when two or more proceedings are pending in

different Co