IN TH v. E NIDHI GUPTA

Prayer in this petition filed filed by applicant-wife is for transfer of fer of the petition filed by responden pondent-husband under Section 13(1)(ia) of the Hindu Marriage Act,19 ct,1955 (for short ‘the Act’) bearing H ng HMA/117/2026, titled as “A “Anil Kamboj vs. Reeta Goswami” ami” (Annexure P-1) pending in the in the Court of Principal Judge, Family Co ily Court, SAS Nagar, Mohali to to a Court of competent jurisdiction diction at Karnal.

Learned counsel for the applic applicant submits :- i) That the parties were married arried on 27.4.2013 according to Hindu rites and rituals. ii) That two male children were were born out of this wedlock, on 17.3.2015 and 06.2.2018 re 018 respectively and are residing in her care and custody, at at her matrimonial home at Karnal. VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document Transfer Application No.652 of 2026 2026 (O & M) 2 iii) That the applicant is working iii) orking as Date Entry Operator in the office of BDO, Karnal and nal and is residing in her in-laws house and along with in-laws laws taking care of her minor children as well as her mo er mother and sister who are residing in Sector 7, Karnal arnal, Haryana. On the other hand, the respondent-husba husband is working in M/s Cholamandalam General Insu l Insurance Co. Ltd., Sector 22, Chandigarh and because of n e of nature of his job, he has to travel to different places near C near Chandigarh. v) It is submitted by learned cou ed counsel for the applicant that the respondent-husband had had suddenly stopped talking with the applicant and after after some time, the applicant came to know that the respo respondent has filed the above said petition under Section 13 tion 13(1)(ia) of the Act against her and no other proceedings dings except the said petition are pending between the parties. rties. It is very fairly submitted by learned counsel for the app the applicant that the applicant is residing with her in-laws, how s, however, most of the time, she used to reside at her matrimon trimonial home at Karnal on the address as mentioned in the M the Memo of Parties. vi) That the distance between p vi) een place of residence of the applicant-wife i.e. Karnal and and the place of proceedings under Section 13(1)(ia) of of the Act, filed by the respondent-husband, pending nding before the Principal Judge, Family Court, SAS Nagar, Nagar, Mohali, is about 125 kilometers on one side. vii) That being female and as she vii) s she has to look after her sister, mother as well as two minor c inor children at Karnal, it is very difficult for her to visit SAS N SAS Nagar Mohali to attend the Court. It is inter alia on these groun grounds that applicant prays for

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

I have heard learned counsel fo nsel for the applicant. VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document Transfer Application No.652 of 2026 2026 (O & M) 3

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:- 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.

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

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 weight age 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 VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document Transfer Application No.652 of 2026 2026 (O & M) 4 convenienc enience and the Courts should de ld desist from putting female litigants un nts under undue hardships.

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.

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:- VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document a) The petition filed by r d by respondent husband under Section ia) 13(1)(ia) of Act, bearing No. HMA/117/2026 titled a itled as “Anil Kamboj vs. Reeta Transfer Application No.652 of 2026 2026 (O & M) 5 Goswami”, pending in ing in the Court of Principal Judge, Family Court, ourt, SAS Nagar (Mohali) is transferred to a Court o ourt of competent jurisdiction at Karnal. b) The ld. District Judge Judge, SAS Nagar (Mohali) is directed to transfer com complete record pertaining to the aforesaid case to Dis to District Judge, Karnal. c) The parties are direct directed to appear before the District & Sessions Judg ns Judge, Karnal on 15.6.2026. d) The District Judge, Ka Karnal will assign the said petition to the Court of c urt of competent jurisdiction.

The concerned Court at Karn Karnal will make all endeavour to refer the fer the case before the Mediation an tion and Conciliation Centre for exploring t ring the possibility of some amicab micable settlement between 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.

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, SAS N AS Nagar (Mohali) on each and every date of hearing. VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document Transfer Application No.652 of 2026 2026 (O & M) 6 (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 SAS Nagar (Mohali) in case respondent opts to conte o contest this petition.

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.

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 befo es before the District Judge, Karnal on 15.6.2026, it is directed that a copy a copy of this order be sent to the resp he respondent through registered post, besid besides sending a copy of this ord his order to the District Judges concerned erned through e-mail. Applicant throu through her counsel, present in the Court, i ourt, is directed to ensure her appearan pearance accordingly. Disposed of. Pending application(s), if any, if any, stands disposed of. , 2026 May 13, 20 Vijay Asija ( NIDHI GUPTA ) JUDGE Whether spea Whether Repo r Reportable Yes / No speaking/reasoned Yes / No VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document