Sunny Kumar v. Rajdeep Kaur

Judgment

1. Prayer in this petition filed filed by petitioner-wife is for transfer of fer of the petition filed by responden ondent-husband under Sections 12(2)(a)(i) )(a)(i) and 13 of the Hindu Marriage rriage Act,1955 (for short ‘the Act’) beari ) bearing DMC/315/2025 titled as “S as “Sunny Kumar vs. Rajdeep Kaur” (An ” (Annexure P-2) pending in the C the Court of Principal Judge, Family Cou ily Court, Fatehgarh Sahib to a Court Court of competent jurisdiction dhiana. at Ludhiana

Learned counsel for the petitio petitioner submits :- i) That the parties were married arried on 14.11.2021 according to Sikh rites and rituals. ii) That a female child was born born out of this wedlock, whose date of birth is 20.12.2022 and 22 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 l iii) e is living separately from the respondent-husband

18.4.2023 living alongwith her minor child age ild aged 03 years with her parents at their mercy at Ludhiana. iv) That the petitioner is unempl iv) nemployed, having no source of income and totally dependent ndent upon her old aged parents and the respondent-husband is and is not paying anything to her towards maintenance. v) That the proceedings arising o ising out of petition :- (a) under the Prote Protection of Women from Domestic Violenc iolence Act, 2005 filed by the petitioner-wife, wife, are pending in the Courts having competent jurisdiction iction at Ludhiana. vi) That the distance between p vi) een place of residence of the petitioner-wife i.e. Ludhia udhiana and the place of proceedings under Section 12 12(2)(1)(i) and 13 of the Act, filed by the respondent-husb husband, pending before the Principal Judge, Family Court Court, Fatehgarh Sahib, is about 64 kilometers on one side. vii) That there is no proficient ma vii) nt male member in the family of petitioner who can accompa company her to the Court of proceedings at Fatehgarh Sahi It is inter alia on these groun h Sahib. grounds that petitioner prays for

3. transfer of fer of the case, as detailed in para 1 ab ra 1 above.

4. Learned counsel for the respon respondent is not in a position to controvert rovert the above said facts, however, o ever, oppose the prayer made by learned co ed counsel for the petitioner re er regarding transfer of proceeding eedings under Section 12(2)(1)(i) and (i) and 13 of the Act, filed by the respondent ndent-husband to the Court of c of competent jurisdiction at iana. 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 unsel for the parties and perused the case file ase file.

6. The legal position in such lik ch like cases as the present one, is well esta ll established. In this regard, judgmen dgment of the Hon’ble Supreme Court rend t rendered in N.C.V. Aishwarya vs ya vs A.S. Saravana Karthik Sha,” 202 022 Live Law (SC) 627, is m , is most relevant wherein the Hon’ble Su ’ble Supreme Court has held as under: nder:- for exercise of power under “9. The cardinal principle for ex il Procedure is that the ends of section 24 of the Code of Civil Pro transfer of the suit, appeal or justice should demand the transfe onial matters, wherever Courts other proceeding. In matrimonial m the plea of transfer, the Courts are called upon to consider the ple on the economic soundness of have to take into consideration the strata of the spouses and their both the parties, the social strata standard of life prior to the behavioural pattern, their standa ereto and the circumstances of marriage and subsequent thereto a ut their livelihood and under both the parties in eking out the they are seeking whose protective umbrella the prevailing socioeconomic sustenance to life. Given the pr iety, generally, it is the wife's paradigm in the Indian society, g looked at while considering convenience which must be look transfer.

10. Further, when two or more pro different Courts between the sam common question of fact and law, in the cases are interdependent, should be tried together by the sam multiplicity in trial of the same decisions.” ore proceedings are pending in he same parties which raise d law, and when the decisions dent, it is desirable that they the same Judge so as to avoid same issues and conflict of

7. Further reliance can be place e placed upon the judgments in “Sumita S ita Singh vs Kumar Sanjay”, 20 ”, 2002 SC 396 and “Rajani Kishor Pa or Pardeshivs Kishor Babulal Pard Pardeshi”, 2005(12) SCC 237, wherein th ein the Hon’ble Supreme Court h ourt has observed that “while deciding th ing the transfer application, the Court Courts are required to give more weightage htage and consideration to the co he convenience of the female litigants an nts and transfer of legal proceedings dings from one Court to another VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document TA-186-2026 (O & M) 4 should ord ld ordinarily be allowed, taking into consideration convenienc enience and the Courts should de ld desist from putting female litigants un nts under undue hardships.”

8. Even this Court in number o mber of cases has followed the aforesaid p said principle of law. Accordingly, i gly, it is well settled that while considering idering the transfer of a matrimonial d onial dispute/case, at the instance of the wife e wife, the Court is to consider the fam the family condition of the wife, the custody ustody of the minor child, economic nomic condition of the wife, her physical h ical health and earning capacity o city of the husband and most important t rtant the convenience of the wife i.e ife i.e. she cannot travel alone without ass out assistance of a male member of h er of her family, connectivity of the place to lace to and fro from her place of resid f residence as well as bearing of the litigatio itigation charges and travelling expens xpenses.

9. In view of the facts mentioned ntioned above and the judgments i.e. Sumita umita Singh’s case (supra), Rajan Rajani Kishor Pardeshi’s case (supra) and ra) and N.C.V. Aishwarya’s case (sup se (supra) passed by the Hon’ble Supreme C eme Court, this Court deems it appro appropriate to allow the present petition, su ion, subject to the following conditions ditions:- a) The petition filed by r d by respondent husband under Sections 12(2)(a)(i) an )(i) and 13 of Hindu Marriage Act,1955, bearing No. g No. DMC/315/2025 titled as ‘Sunny Kumar vs. Rajd s. Rajdeep Kaur’, pending in the Court of Principal Judg l Judge, Family Court, Fatehgarh Sahib is transferred t rred to a Court of competent dhiana. 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) 5 b) The ld. District Judge, ge, Fatehgarh Sahib is directed to transfer complete plete record pertaining to the aforesaid case to Distric District Judge, Ludhiana. c) The parties are direct directed to appear before the District & Sessions Judg ns Judge, Ludhiana on 15.6.2026. d) The District Judge, Lud Ludhiana will assign the said petition to the Court of c urt of competent jurisdiction.

8. The concerned Court at t at Ludhiana will make all endeavour avour to refer the case before the M the Mediation and Conciliation Centre for re for exploring the possibility of s y of some amicable settlement between th n the parties.

9. The Court concerned, wher where the litigation pending between th een the parties, will accommodate th date them with one date in one calendar m dar month.

11. I am supported by the deci e decisions rendered by a Co- ordinate Be ate Bench of this Court in TA No. 13 No. 1315/2022, Rohini Arora v Nitin Tal Talwar; TA No. 1322 of 20 f 2022, Jaswinder Kaur v Gurvinder vinderjeet Singh; and TA No. 132 . 1323 of 2022, Usha Rani v Karmajit S ajit Singh. Disposed of. Pending application(s), if any, if any, stands disposed of. , 2026 May 12, 20 Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document