(O & M) v. Anmol Ra ol Rattan

Judgment

1. Prayer in this Transfer Applic Application filed by applicant- wife is for is for transfer of the petition bearing N aring No.HMA/45/2026 filed by respondent ndent-husband under Section 13 of 13 of the Hindu Marriage Act, 1955 (for s (for short ‘the Act’) titled as “Anmo Anmol Rattan Vs. Jasvir Kaur” (Annexure exure P-1) pending in the Court of A t of Additional Principal Judge, Family Co ily Court, Ludhiana to a Court of c rt of competent jurisdiction at rkotla. Malerkotla

Learned counsel for the applic applicant submits :- i) That the parties were married arried on 12.10.2024 according to Sikh rites and rituals. ii) That a male child was born s born out of this wedlock on

18.8.2025, and is in the c the care and custody of the applicant. VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document TA-356-2026 (O & M) 2 iii) That the applicant-wife is li iii) e is living separately from the respondent-husband since 04.9 ce 04.9.2025 and living with her parents at their mercy at V at Village Sarwarpur, District Malerkotla. iv) That the applicant is unemplo iv) nemployed, having no source of income and totally dependent endent upon her parents and the respondent-husband is not not paying anything to her towards maintenance. v) That the distance between p een place of residence of the applicant-wife i.e. Malerko alerkotla and the place of proceedings under Section 1 ion 13 of the Act, filed by the respondent-husband, pending ending before the Additional Principal Judge, Family Cou y Court, Ludhiana, is about 50 kilometers on one side. vii) That there is no proficient ma vii) nt male member in the family of applicant who can accompa mpany her to the Court of proceedings at Ludhiana. It is inter alia on these groun grounds that applicant prays for

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

4. I have heard learned counsel fo nsel for the applicant.

5. Besides the facts as notice noticed hereinabove, the legal position in in such like cases as the present o esent one, is well established. In this regard regard, judgment of the Hon’ble Su ble Supreme Court rendered in N.C.V. Ais V. Aishwarya vs A.S. Saravana Kar a Karthik Sha,” 2022 Live Law (SC) 627, w , wherein the Hon’ble Supreme Co eme Court has held as under:- “9. The cardinal principle for ex section 24 of the Code of Civil Pro justice should demand the transfe other proceeding. In matrimonial m are called upon to consider the ple have to take into consideration the both the parties, the social strata behavioural pattern, their standa marriage and subsequent thereto a for exercise of power under il Procedure is that the ends of transfer of the suit, appeal or onial matters, wherever Courts the plea of transfer, the Courts on the economic soundness of strata of the spouses and their standard of life prior to the ereto and the circumstances of VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document TA-356-2026 (O & M) 3 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

6. 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 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.”

7. 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 VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document TA-356-2026 (O & M) 4 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.

8. After going through the entir e entire paper-book, considering the fact tha act that issuance of notice to the respon respondent has the consequences of staying aying further proceedings before the re the trial Court, otherwise the applicant- r -wife will have to bear litigation expenses and transportati portation expenses and in case, notice notice of motion is issued, even the respon espondent-husband has to bear the r the litigation expenses and in view of th of the judgments i.e. Sumita Sing a Singh’s case (supra), Rajani Kishor Pa or Pardeshi’s case (supra) and and N.C.V. Aishwarya’s case (supra) pas ra) passed by the Hon’ble Supreme C reme Court, this Court deems it appropriate opriate to allow the present petition, etition, subject to the following conditions: itions:- a) The petition filed by r d by respondent husband under Section 13 of Act, be ct, bearing No. HMA/45/2026 titled as “Anmol Rattan Rattan vs. Jasvir Kaur”, pending in the Court of Addition dditional Principal Judge, Family Court, Ludhiana is tr is transferred to a Court of competent jurisdiction a ction at Malerkotla. b) The ld. District Judge Judge, Ludhiana is directed to transfer complete record pertaining aforesaid case to Distric District Judge, Malerkotla. c) The parties are direct directed to appear before the District & Sessions ssions Judge, Malerkotla on

16.6.2026. d) The District Judge, Mal Malerkotla will assign the said petition to the Court of c urt of competent jurisdiction.

9. The concerned Court at at Malerkotla will make all endeavour avour to refer the case before the M the Mediation and Conciliation VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document TA-356-2026 (O & M) 5 Centre for re for exploring the possibility of s y of some amicable settlement between th een the parties.

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

11. However, liberty is granted to nted to the respondent to revive this petition etition, if he intends to contest the sam the same, provided that:- (a) The respondent will will clear all arrears of maintenance amount, ount, if any, in terms of any petition filed by the app applicant either under Section 125 Cr.P.C. or Secti Section 12 of the Domestic Violence Act or Section ection 24 of the Hindu Marriage Act. (b) The respondent will will file an affidavit giving undertaking to pay R ay Rs.1,000/- per day, to the applicant for attending nding the Court proceedings at District Courts, Ludhia udhiana on each and every date of hearing. (c) The respondent will b ill bring a demand draft of Rs.25,000/-, drawn in fa n in favour of applicant, towards the litigation expenses penses to pursue the case at District Ludhiana in ca in case the respondent opts to contest this petition.

12. 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. VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document TA-356-2026 (O & M) 6

13. As already noticed above, s ove, since the petition is being disposed of sed of without issuing notice to the r o the respondent, accordingly, in these pecu peculiar circumstances, in order to der to ensure appearance of the parties bef es before the District Judge, Maler Malerkotla on 16.6.2026, it is directed t ted that a copy of this order be sent e sent to the respondent through registered p tered post, besides sending a copy o opy of this order to the District Judges con es concerned through e-mail. Applic Applicant through her counsel, present in t nt in the Court, is directed to ensure h sure her appearance accordingly. Disposed of. Pending application(s), if any, if any, stands disposed of. , 2026 May 15, 20 Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document