OF PUNJAB AND HARYANA AT CHANDIGARH TA-148 148-2026 Mehak Verma Mehak Verma v. Shubham Dhall Shubham Dhall

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Lupil Gupta, Advocate for the petitioner. Mr. Lupil Gupta, Advocate for the petitioner. None for the respondent. NIDHI GUPTA, J. (ORAL) NIDHI GUPTA, J. (ORAL)

1. By way of filing the present petition, the petitioner-wife is By way of filing the present petition, the petitioner seeking transfer of petition filed by the respondent seeking transfer of the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 (for short-‘the HMA Act’) Section 9 of the Hindu Marriage Act, 1955 (for short Section 9 of the Hindu Marriage Act, 1955 (for short for restitution of conjugal rights bearing No. DMC/494/2024 (Annexure for restitution of conjugal rights bearing No. DMC/494/2024 (Annexure for restitution of conjugal rights bearing No. DMC/494/2024 (Annexure 2) titled as ‘Shubham Dhall vs. Mehak Verma’, pending before the 2) titled as ‘Shubham Dhall vs. Mehak P-2) titled as ‘Shubham Dhall vs. Mehak e, Family Court, Ferozepur to a Court of learned Principal Judge, Family Court, Ferozepur to a Court of learned Principal Judg competent jurisdiction at Sirsa. competent jurisdiction at Sirsa.

2. As per office report dated 23.04.2026, notice issued to the As per office report dated 23.04.2026, notice issued to the respondent has been received back duly, but despite service, none has respondent has been received back duly, but despite service, none has respondent has been received back duly, but despite service, none has put in appearance on behalf of the respondent today as well as on the put in appearance on behalf of the respondent to put in appearance on behalf of the respondent to last date of hearing i.e. 27.04.2026. Accordingly, this petition is last date of hearing i.e. 27.04.2026. Accordingly, this petition is being decided in his absence. decided in his absence.

3. Learned counsel for the petitioner, inter alia, submits as Learned counsel for the petitioner under: Marriage of the petitioner with the respondent was i) Marriage of the petitioner with the respondent was solemnized on 08.02.2019

08.02.2019. 2026 TA-148-2026 -2- ii) One son was born out of the said wedlock who is One son was born out of the said wedlock who is presently in the care and custody of the petitioner- presently in the care and custody of the petitioner mother. iii) Due to matrimonial discord the parties are ue to matrimonial discord the parties are residing separately since 05.04.2024. separately since 05.04.2024. iv) There are 03 cases filed by the There are 03 cases filed by the petitioner pending adjudication at District Courts, Sirsa details of which adjudication at District Courts, Sirsa are as under:- (a) (b) Petition under Section 13 of the HMA Act; Petition under Section 13 of the HMA Act; Petition under Section 125 Cr.P.C. for grant of Petition under Section 125 Cr.P.C. for grant of maintenance; and maintenance; and (c) Complaint under the provisions of of the Complaint under the provisions of of the Women from Domestic Violence Protection of Women from Domestic Violence Act, 2005 v) The petitioner has no independent source of income The petitioner has no independent source of income and is residing along with minor at her parental and is residing along with minor at her parental house and is fully dependent upon her parents as, the house and is fully dependent upon her parents as, the husband is not paying anything towards respondent-husband is not paying anything towards maintenance to the petitioner ce to the petitioner-wife and minor son. The distance between place of residence of the vi) The distance between place of residence of the petitioner-wife i.e. Sirsa and the place of proceedings wife i.e. Sirsa and the place of proceedings filed by the respondent filed by the respondent-husband at Ferozepur is about 199Kms. one side. It is very difficult for her to about 199Kms. one side. It is very difficult for her to frequently travel from Sirsa to Ferozepur quently travel from Sirsa to Ferozepur to attend the Court proceedings along with minor son who is the Court proceedings along with minor son who is undergoing speech therapy. undergoing speech therapy.

4. It is accordingly, prayed that the present petition may be It is accordingly, prayed that the present petition may be allowed; and petition bearing No. DMC/494/2024 (Annexure P-2) titled allowed; and petition bearing No. DMC/494/2024 (Annexure P allowed; and petition bearing No. DMC/494/2024 (Annexure P Verma’, pending before the learned as ‘Shubham Dhall vs. Mehak Verma’, pending before the learned as ‘Shubham Principal Judge, Family Court, Ferozepur be transferred to a Court of Principal Judge, Family Court, Ferozepur be transferred to a Court of Principal Judge, Family Court, Ferozepur be transferred to a Court of competent jurisdiction at Sirsa. competent jurisdiction at Sirsa.

5. No other argument has been made on behalf of the petitioner. No other argument has been made on behalf of the petitioner. No other argument has been made on behalf of the petitioner. ed counsel for the petitioner and carefully gone through I have heard learned counsel for the petitioner and carefully gone through ed counsel for the petitioner and carefully gone through I have heard learn 2026 TA-148-2026 -3- the case file. I find merit in the submissions advanced on behalf of the the case file. I find merit in the submissions advanced on behalf of the the case file. I find merit in the submissions advanced on behalf of the the case file. I find merit in the submissions advanced on behalf of the petitioner.

6. , which Besides the facts as noticed hereinabove in para 3, which Besides the facts as noticed hereinabove l position in such like constitute sufficient grounds for transfer, the legal position in such like constitute sufficient grounds for transfer, the lega constitute sufficient grounds for transfer, the lega cases is well established. In this regard, judgment of the Hon’ble Supreme cases is well established. In this regard, judgment of the Hon’ble Supreme cases is well established. In this regard, judgment of the Hon’ble Supreme cases is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in N.C.V. Aishwarya vs A.S. Saravana Court rendered in Karthik Sha,” N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” , is notable, wherein the Hon’ble Supreme Court 2022 Live Law (SC) 627, is notable, wherein the Hon’ble Supreme Court , is notable, wherein the Hon’ble Supreme Court 2022 Live Law (SC) 627 has held as under:- has held as under: “9. The cardinal principle for exercise of power under The cardinal principle for exercise of power under The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of section 24 of the Code of Civil Procedure is that the ends of section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or justice should demand the transfer of the suit, appeal or justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts other proceeding. In matrimonial matters, wherever Courts other proceeding. In matrimonial matters, wherever Courts ider the plea of transfer, the Courts ider the plea of transfer, the Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of have to take into consideration the economic soundness of have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their both the parties, the social strata of the spouses and their both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the behavioural pattern, their standard of life prior to the behavioural pattern, their standard of life prior to the rcumstances of marriage and subsequent thereto and the circumstances of marriage and subsequent thereto and the ci both the parties in eking out their livelihood and under both the parties in eking out their livelihood and under both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance whose protective umbrella they are seeking their sustenance whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the to life. Given the prevailing socioeconomic paradigm in the to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which Indian society, generally, it is the wife's convenience which Indian society, generally, it is the wife's convenience which st be looked at while considering transfer. must be looked at while considering transfer. Further, when two or more proceedings are pending in 10. Further, when two or more proceedings are pending in Further, when two or more proceedings are pending in different Courts between the same parties which raise different Courts between the same parties which raise different Courts between the same parties which raise common question of fact and law, and when the decisions in common question of fact and law, and when the decisions in common question of fact and law, and when the decisions in ble that they should the cases are interdependent, it is desirable that they should the cases are interdependent, it is desira be tried together by the same Judge so as to avoid be tried together by the same Judge so as to avoid be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of multiplicity in trial of the same issues and conflict of multiplicity in trial of the same issues and conflict of decisions.”

7. Further reliance can be placed upon the judgments in Sumita Further reliance can be placed upon the judgments in Singh vs Kumar Sanjay, 2002 SC 396 and Singh vs Kumar Sanjay, 2002 SC 396 and Rajani Kishor Pardeshi vs Kishor Babulal Babulal Pardeshi, 2005(12) SCC 237 Pardeshi, 2005(12) SCC 237, wherein the Hon’ble Supreme Court has observed Supreme Court has observed “while deciding that “while deciding transfer transfer application, the Courts are required to give more weightage and application, the Courts are required to give more weightage and application, the Courts are required to give more weightage and consideration to the convenience of the female litigants and transfer of consideration to the convenience of the female litiga consideration to the convenience of the female litiga 2026 TA-148-2026 -4- legal proceedings from one Court to another should ordinarily be legal proceedings from one Court to another should ordinarily be legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts allowed, taking into consideration their convenience and the Courts allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships.” should desist from putting female litigants under undue hardships should desist from putting female litigants under undue hardships

8. Even this Court in number of cases has followed the Even this Court in number of ca aforesaid principle of law. Accordingly, it is well settled that while aforesaid principle of law. Accordingly, it is well settled that while aforesaid principle of law. Accordingly, it is well settled that while considering the transfer of a matrimonial dispute/case, at the instance of considering the transfer of a matrimonial dispute/case, at the instance of considering the transfer of a matrimonial dispute/case, at the instance of the wife, the Court is to consider the family condition of the wife, the the wife, the Court is to consider the family condition of the wife, the the wife, the Court is to consider the family condition of the wife, the inor child, economic condition of the wife, her physical custody of the minor child, economic condition of the wife, her physical custody of the m health and earning capacity of the husband and most important the health and earning capacity of the husband and most important the health and earning capacity of the husband and most important the convenience of the wife i.e. she cannot travel alone without assistance of convenience of the wife i.e. she cannot travel alone without assistance of convenience of the wife i.e. she cannot travel alone without assistance of a male member of her family, connectivity of the place to and fro from a male member of her family, connectivity of the place to a male member of her family, connectivity of the place to her place of residence as well as bearing of the litigation charges and her place of residence as well as bearing of the litigation charges and her place of residence as well as bearing of the litigation charges and travelling expenses. travelling expenses.

9. In view of the judgments i.e. Sumita Singh’s case (supra), In view of the judgments i.e. Rajani Kishor Kishor Pardeshi’s case (supra) and case (supra) and N.C.V. Aishwarya’s case e Hon’ble Supreme Court, this Court deems it (supra) passed by the Hon’ble Supreme Court, this Court deems it (supra) passed by th appropriate to allow the present petition, subject to the following appropriate to allow the present petition, subject to the following appropriate to allow the present petition, subject to the following conditions:- conditions: a) b) c) The petition bearing No. DMC/494/2024 (Annexure The petition bearing No. DMC/494/2024 (Annexure The petition bearing No. DMC/494/2024 (Annexure P-2) titled as ‘Shubham 2) titled as ‘Shubham Dhall vs. Mehak Verma’, pending before the learned pending before the learned Principal Judge, Family Court, Ferozepur is transferred to a Court of Court, Ferozepur is transferred to a Court of competent jurisdiction at Sirsa. competent jurisdiction at Sirsa. The learned District Judge, Ferozepur is directed to The learned District Judge, transfer complete record pertaining to the aforesaid transfer complete record pertaining to the aforesaid Sirsa. case to District Judge, Sirsa. The parties are directed to appear before the District The parties are directed to appear before the District Judge, Sirsa on 29.06.2026 .06.2026. 2026 TA-148-2026 -5- d) The District Judge, Sirsa to the Court of competent jurisdiction. to the Court of competent jurisdiction. Sirsa will assign the said petition

10. The concerned Court at Sirsa Sirsawill make all endeavour to ase before the Mediation and Conciliation Centre for exploring refer the case before the Mediation and Conciliation Centre for exploring ase before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties. the possibility of some amicable settlement between the parties. the possibility of some amicable settlement between the parties.

11. The Court concerned, where the litigation is pending The Court concerned, where the litigation is pending between the parties, will accommodate them with one date in one between the parties, will accommodate them with one date in one between the parties, will accommodate them with one date in one ar month. calendar month.

12. I am supported by the decisions rendered by a Co-ordinate I am supported by the decisions rendered by a Co TA No. 1315/2022, Rohini Arora v Nitin Bench of this Court in TA No. 1315/2022, Rohini Arora v Nitin Bench of this Court in Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet Singh; and TA No. 1323 of 2022, Usha Rani v Karmajit Singh. ; and TA No. 1323 of 2022, Usha Rani v Karmajit Singh.

14. The present petition stands disposed of, disposed of, in the above terms. Pending application(s), if any, shall also stand disposed of. Pending application(s), if any, shall also stand disposed of. .05.2026

26.05.2026 ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No