Meenu Bala Meenu Bala v. Ashwani Kumar Ashwani Kumar

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Sanish Girdhar, Advocate for Mr. Sanish Girdhar, Advocate for Mr. Kamal Gupta, Advocate for the petitioner. Mr. Kamal Gupta, Advocate for the NIDHI GUPTA, J. (ORAL) NIDHI GUPTA, J. (ORAL)

Prayer in this petition filed by the petitioner-wife is for Prayer in this petition filed by the peti transfer of petition filed by the respondent transfer of respondent-husband under Section 13 of the Hindu Marriage Act, 1955 bearing No. the Hindu Marriage Act, 1955 bearing No. HMA/210/2026 dated

05.02.2026 (Annexure P-1) titled as ‘Ashwani Kumar 05.02.2026 Ashwani Kumar vs. Meenu Bala, before the learned Family Court, Amritsar to a Court of before the learned Family Court, pending before the learned Family Court, Patti, Sessions Division Tarn Taran. competent jurisdiction at Patti, Sessions Division Tarn Taran. competent jurisdiction at

Learned counsel for the petitioner, inter alia, submits that :- Learned counsel for the petitioner Marriage of the petitioner with the respondent was i) Marriage of the petitioner with the respondent was solemnized on 08.02.2011

08.02.2011. ii) Two sons were born out of the said wedlock born out of the said wedlock, who are presently in the care and custody of the respondent- presently in the care and custody of the respondent husband. iii) Due to matrimonial discord the parties are residing Due to matrimonial discord the parties are residing 27.01.2026. separately since 27.01.2026 iv) The petitioner has no source of income and her has no source of income and her parents are suffering from old age ailments due to parents are suffering from old age ailments due to they are unable to accompany her to attend the accompany her to attend the proceedings at Amritsar. She is totally dependent proceedings at Amritsar. upon her old aged parents. upon her old aged parents v) The distance between place of residence of the The distance between place of residence of the Tarn Taran and the place of petitioner-wife i.e. Tarn Taran 2026 TA-696-2026 -2- proceedings filed by the respondent at Amritsar is proceedings filed by the about 65 kilometers on one side. kilometers on one side. It is very difficult for her to frequently travel from Tarn Taran to for her to frequently travel from attend the Court proceedings. Amritsar to attend the Court proceedings.

It is accordingly, prayed that the present petition may be It is accordingly, prayed that the present petition may be allowed; and No. HMA/210/2026 dated 05.02.2026 and petition bearing No. HMA/210/2026 dated 05.02.2026 (Annexure P-1) titled as ‘Ashwani Kumar (Annexure P Ashwani Kumar vs. Meenu Bala, pending before the learned Family Court, Amritsar be transferred to a Court of before the learned Family Court, Amritsar be transferred to a Court of before the learned Family Court, Amritsar be transferred to a Court of competent jurisdiction at Patti, Sessions Division Tarn Taran. competent jurisdiction at Patti, Sessions Division Tarn Taran competent jurisdiction at Patti, Sessions Division Tarn Taran

Heard. No other argument is raised on behalf of the petitioner. merit in the submissions advanced on behalf of the I find no merit in the submissions advanced on behalf of the petitioner.

Perusal of the record reveals that the respondent-husband is Perusal of the record reveals that the respondent employed as Head Constable in the Border Security Force (BSF) and at employed as Head Constable in the Border Security Force (BSF) and at employed as Head Constable in the Border Security Force (BSF) and at present is posted at Baramulla (Jammu and Kashmir). Moreover, present is posted at Baramulla (Jammu and Kashmir). Moreover, present is posted at Baramulla (Jammu and Kashmir). Moreover, admittedly, both the sons born out of the wedlock of the parties are in admittedly, both the sons born out of the wedlock of the parties are in admittedly, both the sons born out of the wedlock of the parties are in the care and custody of respondent-husband. the care and custody of respondent husband. Not only does the respondent have to provide for the material needs of the minor sons, but respondent have to provide for the material needs of respondent have to provide for the material needs of is also responsible for their mental and physical welfare is also responsible for mental and physical welfare.

From the facts noted above, it is clear that unlike the From the facts noted above, it is clear that unlike the From the facts noted above, it is clear that unlike the respondent, the petitioner has no onerous responsibility respondent, the petitioner has no onerous at her responsibility and is living at her No cogent reason has been given parental house along with her parents. No cogent reason has been given No cogent reason has been given parental house along with her parents. by the petitioner as to why she is unable to travel short distance of 65 by the petitioner as to why she is unable to travel by the petitioner as to why she is unable to travel Kms. to Amritsar Amritsar to attend to the proceedings and that too not daily but to attend to the proceedings and that too not daily but only on the dates of hearing. only on the dates of hearing

This Court is well aware of the preponderance of law in cases This Court is well aware of the preponderance of law in cases This Court is well aware of the preponderance of law in cases of transfer emanating from matrimonial disputes is in favour of the wife. of transfer emanating from matrimonial disputes is in favour of the wife. of transfer emanating from matrimonial disputes is in favour of the wife. of transfer emanating from matrimonial disputes is in favour of the wife. 2026 TA-696-2026 -3- However, in certain similar cases as the present one, the Hon’ble Supreme However, in certain similar cases as the present one, the Hon’ble Supreme However, in certain similar cases as the present one, the Hon’ble Supreme However, in certain similar cases as the present one, the Hon’ble Supreme ef to the wife. One such case Court, as well as this Court have refused relief to the wife. One such case Court, as well as this Court have refused reli Court, as well as this Court have refused reli which may be referred to is: (2006) 9 SCC 197 which may be referred to is: ‘Anindita Das Vs.

Accordingly, in view of the facts and circumstances of the Accordingly, in view of the facts and circumstances of the Accordingly, in view of the facts and circumstances of the s of Case law as above, present case as noted above, as also the precedents of Case law as above, present case as noted above, as also the precedent present case as noted above, as also the precedent finding no merit in this petition, the same is hereby dismissed. finding no merit in this petition, the same is hereby finding no merit in this petition, the same is hereby

Pending application(s), if any, shall also stand disposed of. Pending application(s), if any, shall also stand disposed of.

21.05.2026 21.05.2026 ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No