OF PUNJAB AND HARYANA AT CHANDIGARH TA-242 242-2026 Sandeep Kaur Sandeep Kaur v. Tarsem Singh Tarsem Singh

Judgment

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 petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 (for short-‘the Act’) for Section 9 of the Hindu Marriage Act, 1955 (for short Section 9 of the Hindu Marriage Act, 1955 (for short restitution of conjugal rights bearing No. HMA/29/2025 dated restitution of conjugal rights bearing No. restitution of conjugal rights bearing No.

26.02.2026 (Annexure P-3) titled as ‘Tarsem Singh 26.02.2026 Tarsem Singh vs. Sandeep Kaur’, pending before the learned Principal Judge, Family Court, Camp pending before the learned Principal Judge, Family Court, Camp Court Court of competent jurisdiction at Guhla, Sessions Division Kaithal to a Court of competent jurisdiction at Guhla, Sessions Division Kaithal to a Nabha, Sessions Division, Patiala. at Nabha, Sessions Division, Patiala.

2. As per office report dated 06.05.2026, notice issued to the As per office report dated 06.05.2026, notice issued to the respondent has been received back unserved with the report that ‘no respondent has been received back unserved with the report that respondent has been received back unserved with the report that such person is residing at the given address’. Accordingly, this petition such person is residing at the given address’ such person is residing at the given address’ being decided in his absence. is being decided in his absence.

3. Learned counsel for the petitioner or the petitioner, inter alia, submits as under: 2026 TA-242-2026 -2- i) Marriage of the petitioner with the respondent was Marriage of the petitioner with the respondent was 16.06.2013. solemnized on 16.06.2013 ii) Two children i.e. one son and one daughter Two children i.e. one son and one daughter were born out of the said wedlock who are presently in the born out of the said wedlock who care and custody of petitioner petitioner-mother. iii) Due to matrimonial discord the parties are ue to matrimonial discord the parties are resident separately since 01.09.2020. separately since 01.09.2020. iv) There are 02 cases filed by the petitioner pending There are 02 cases filed by the petitioner pending adjudication before the Courts at Nabha details of adjudication before the Courts at Nabha which are as under:- (a) Complaint bearing No. COMA/223/2022 Complaint bearing No. COMA/223/2022 07.05.2022 (Annexure P-1) filed by the dated 07.05.2022 (Annexure P petitioner under petitioner under Protection of Women from Domestic Violence Protection of Women from Domestic Violence Act, 2005, pending before the learned Sub Act, 2005, pending before the learned Sub Divisional Judicial Magistrate, Nabha. pending Divisional Judicial Magistrate, Nabha. the provisions of the provisions of (b) bearing No. MNT125/73/2023 bearing No. MNT125/73/2023 Petition pending before the learned before the learned pending before the learned before the learned Principal Judge, Family Court, Camp cipal Judge, Family Court, Camp at Nabha, for grant of maintenance. Nabha, for grant of maintenance. v) is an unskilled lady having no The petitioner is an unskilled lady having source of income and is residing along independent source of income and is residing along at her parental house upon the with 02 minor children at her parental house mercy of her parents. Nabha and

vi) The distance between place of residence of the The distance between place of residence of the petitioner-wife the place of i.e. Nabha proceedings filed by the respondent-husband at proceedings filed by the respondent Guhla, District Kaithal is about 70 Kms. one side. It is very difficult for her to frequently travel from is very difficult for her to frequently travel from to attend the Court proceedings Nabha to Guhla to attend the Court proceedings along with 02 minor children children.

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. HMA/29/2025 allowed; and petition bearing No. HMA/29/2025 dated 26.02.2026 (Annexure P-3) titled as ‘Tarsem Singh (Annexure P vs. Sandeep Kaur’, pending before the learned Principal Judge, Family Court, Camp at Guhla, before the learned Principal Judge, Family Court, Camp at Guhla, before the learned Principal Judge, Family Court, Camp at Guhla, Sessions Division Kaithal be transferred to a Court of competent Sessions Division Kaithal be transferred to a Court of competent Sessions Division Kaithal be transferred to a Court of competent jurisdiction at Nabha, Sessions Division, Patiala jurisdiction at Nabha, Sessions Division, P atiala. 2026 TA-242-2026 -3-

5. At this stage, learned counsel for the petitioner has placed At this stage, learned counsel for the petitioner has placed on record a copy of undertaking dated 14.05.2026 given by learned on record a copy of undertaking dated 14.05.2026 given by learned on record a copy of undertaking dated 14.05.2026 given by learned respondent before the learned Family Court counsel representing the respondent before the learned Family Court counsel representing the (Camp), Guhla to the effect that the respondent (Camp), Guhla to the effect that respondent shall positively appear before this Court today i.e. 27.05.2026 in the present case. However, before this Court today i.e. 27.05.2026 in the present case. However, before this Court today i.e. 27.05.2026 in the present case. However, despite that none has put in appearance on behalf of the respondent. despite that none has put in appearance on behalf of the res despite that none has put in appearance on behalf of the res

6. 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. for the petitioner and carefully gone through I have heard learned counsel for the petitioner and carefully gone through for the petitioner and carefully gone through I have heard learned counsel 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.

7. , which Besides the facts as noticed hereinabove in para 3, which Besides the facts as noticed hereinabove constitute sufficient grounds for transfer, the legal position in such like constitute sufficient grounds for transfer, the legal position in such like constitute sufficient grounds for transfer, the legal position in such like constitute sufficient grounds for transfer, the legal position in such like 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,” ble, wherein the Hon’ble Supreme Court 2022 Live Law (SC) 627, is notable, wherein the Hon’ble Supreme Court ble, wherein the Hon’ble Supreme Court 2022 Live Law (SC) 627 has held as under:- has held as under: The cardinal principle for exercise of power under “9. 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 atrimonial matters, wherever Courts other proceeding. In matrimonial matters, wherever Courts atrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts are called upon to consider 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 ife prior to the behavioural pattern, their standard of life prior to the behavioural pattern, their standard of l marriage and subsequent thereto and the circumstances of marriage and subsequent thereto and the circumstances of marriage and subsequent thereto and the circumstances of 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 2026 TA-242-2026 -4- n society, generally, it is the wife's convenience which Indian society, generally, it is the wife's convenience which n society, generally, it is the wife's convenience which must 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 the decisions in common question of fact and law, and when the decisions in common question of fact and law, and when the cases are interdependent, it is desirable that they should the cases are interdependent, it is desirable that they should the cases are interdependent, it is desirable that they should 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.”

8. Further reliance can be placed upon the judgments in Sumita Further reliance can be placed upon the judgments i 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 (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 application, the Courts are required to give more consideration to the convenience of the female litigants and transfer of consideration to the convenience of the female litigants and transfer of consideration to the convenience of the female litigants and transfer of 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 li tigants under undue hardships.”

9. Even this Court in number of cases has followed the Even this Court in number of cases has followed the 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 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 custody of the minor child, economic condition of the wife, her physical custody of the minor child, economic condition of the wife, her physical custody of the minor child, economic condition of the wife, her physical 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 assis convenience of the wife i.e. she cannot travel alone without assis 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 and fro from a male member of her family, connectivity of the place to and fro from 2026 TA-242-2026 -5- 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.

10. 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 (supra) passed by the Hon’ble Supreme Court, this Court deems it (supra) passed by the Hon’ble Supreme Court, this Court deems it (supra) passed by the Hon’ble Supreme Court, this Court deems it 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) d) bearing No. HMA/29/2025 dated The petition bearing No. HMA/29/2025 dated xure P-3) titled as ‘Tarsem Singh 26.02.2026 (Annexure P vs. Sandeep Singh’, pending before the learned vs. Sandeep Singh’, pending before the learned Principal Judge, Family Court, Camp at Guhla, Principal Judge, Family Court, Camp at Guhla, Sessions Division Kaithal is transferred to the Court Sessions Division Kaithal jurisdiction at Nabha, Sessions jurisdiction of competent Division, Patiala. The learned District Judge, The learned District Judge, Kaithal is directed to transfer complete record pertaining to the aforesaid transfer complete record pertaining to the aforesaid Patiala. case to District Judge, Patiala The parties are directed to appear before the District The parties are directed to appear before the District Judge, Patiala on 03.07.2026

03.07.2026. The District Judge, Patiala petition to the Court of competent jurisdiction. petition to the Court of competent jurisdiction. Patiala will assign the said

11. The concerned Court at Nabha Nabha will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring refer the case before the Mediation and Conciliation Centre for exploring refer the case before the Mediation and Conciliation Centre for exploring settlement between the parties. the possibility of some amicable settlement between the parties. the possibility of some amicable

12. 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 calendar month. calendar month.

13. 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 2026 TA-242-2026 -6- 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.

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

27.05.2026 ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No