Kajal Sayal v. Ricky

submitted by learned counsel for the petitioner that the It is, inter alia, submitted by learned counsel for the petitioner that the submitted by learned counsel for the petitioner that the It is, husband under Section 13 of the mentioned petition filed by the respondent-husband under Section 13 of the mentioned petition filed by the respondent above-mentioned petition filed by the respondent Hindu Marriage Act (hereinafter referred to as ‘HMA’) deserves to be transferred Hindu Marriage Act (hereinafter referred to as ‘HMA’) deserves to be transferred Hindu Marriage Act (hereinafter referred to as ‘HMA’) deserves to be transferred Hindu Marriage Act (hereinafter referred to as ‘HMA’) deserves to be transferred from Ludhiana to to Jagadhri District Yamuna Nagar on account of following reasons muna Nagar on account of following reasons that:- TRIPTI SAINI 2026.05.22 09:14 I attest to the accuracy and integrity of this document i) the petitioner was married to the respondent on 10.12.2017; the petitioner was married to the respondent on 10.12.201 ii) no child is born out of this wedlock; no child is born out of this wedlock; 2025 (O&M) TA-1083-2025 (O&M) -2- due to matrimonial discord, the parties are residing separately iii) due to matrimonial discord, the parties are residing separately due to matrimonial discord, the parties are residing separately iii) since 23.06.2020; since 23.06.2020; iv) six cases pending at Yamuna Nagar, which are as there are six cases pending at Yamuna Nagar, which are as six cases pending at Yamuna Nagar, which are as follows:- follows: a) b) Petition under Section 125 Cr.P.C; Petition under Section 125 Cr.P.C; 025 (Execution petition pending in 125 CRM-219/2025 (Execution petition pending in 125 025 (Execution petition pending in 125 Cr.P.C); c) Petition Petition Petition Domestic Domestic Domestic Violence Violence Violence COMA/65/2021; d) CRM-375-2024 (Execution petition pending under DV 2024 (Execution petition pending under DV 2024 (Execution petition pending under DV Act); e) A, 506 IPC FIR No.554/2020, under Sections 406, 498-A, 506 IPC FIR No.554/2020, under Sections 406, 498 P.S.Yamuna Nagar City, District Yamuna Nagar; P.S.Yamuna Nagar City, District Yamuna Nagar; f) HMA No.814/2012 (Section 9 HMA petition filed by HMA No.814/2012 (Section 9 HMA petition filed by HMA No.814/2012 (Section 9 HMA petition filed by respondent, transferred from Ludhiana to Jagadhri by this respondent, transferred from Ludhiana to Jagadhri by this respondent, transferred from Ludhiana to Jagadhri by this spondent Court, which was dismissed in default as the respondent Court, which was dismissed in default as the re did not appear in the same. did not appear in the same. v) the petitioner has no source of income and is therefore the petitioner has no source of income and is therefore the petitioner has no source of income and is therefore unable to travel the distance of almost 183 Kms one side from unable to travel the distance of almost 183 Kms one side from unable to travel the distance of almost 183 Kms one side from unable to travel the distance of almost 183 Kms one side from Yamuna Nagar to Ludhiana; Yamuna Nagar to Ludhiana; vi) the petitioner is facing threat to her life due to constant the petitioner is facing threat to her life due to constant the petitioner is facing threat to her life due to constant harassment and torture by the respondent harass ment and torture by the respondent-husband. said petition under Section 13 It is accordingly, prayed that the above-said petition under Section 13 It is accordingly, prayed that the above It is accordingly, prayed that the above HMA be transferred to Ludhiana to Yamuna Nagar. HMA be transferred to Ludhiana to Yamuna Nagar. HMA be transferred to Ludhiana to Yamuna Nagar.

3. Per contra, Per contra, Per contra, ld counsel ld counsel ld counsel husband opposes respondent-husband opposes respondent respondent ehalf of the petitioner and submits that the petitioner submissions advanced on behalf of the petitioner and submits that the petitioner ehalf of the petitioner and submits that the petitioner submissions advanced on b has concealed material facts from this Court inasmuch as petitioner is a qualified has concealed material facts from this Court inasmuch as petitioner is a qualified has concealed material facts from this Court inasmuch as petitioner is a qualified has concealed material facts from this Court inasmuch as petitioner is a qualified diploma holder in Hospital Management. Presently petitioner is working as diploma holder in Hospital Management. Presently petitioner is working as diploma holder in Hospital Management. Presently petitioner is working as diploma holder in Hospital Management. Presently petitioner is working as TRIPTI SAINI 2026.05.22 09:14 I attest to the accuracy and integrity of this document 2025 (O&M) TA-1083-2025 (O&M) -3- ar from where she is getting Helper/Nurse at Sharma Hospital, Yamuna Nagar from where she is getting Helper/Nurse at Sharma Hospital, Yamuna Nag Helper/Nurse at Sharma Hospital, Yamuna Nag per month. This is evident from her bank account handsome salary of Rs.20,000/- per month. This is evident from her bank account per month. This is evident from her bank account handsome salary of Rs.20,000/ statement. On the other hand, respondent has many financial constraints as he has statement. On the other hand, respondent has many financial constraints as he has statement. On the other hand, respondent has many financial constraints as he has statement. On the other hand, respondent has many financial constraints as he has ing his entire family. financial liabilities being the only son responsible for maintaining his entire family. financial liabilities being the only son responsible for maintain financial liabilities being the only son responsible for maintain Moreover, the petitioner had left the matrimonial home due to her own whims and Moreover, the petitioner had left the matrimonial home due to her own whims and Moreover, the petitioner had left the matrimonial home due to her own whims and Moreover, the petitioner had left the matrimonial home due to her own whims and fancies.

4. It is submitted that even contention of the petitioner that there are 6 It is submitted that even contention of the petitioner that there are 6 It is submitted that even contention of the petitioner that there are 6 It is submitted that even contention of the petitioner that there are 6 nder Section cases pending at Yamuna Nagar is misleading as the petition filed under Section cases pending at Yamuna Nagar is misleading as the petition filed u cases pending at Yamuna Nagar is misleading as the petition filed u 125 Cr.P.C already stands decided; in FIR No. 554/2020 filed under Section 406, 125 Cr.P.C already stands decided; in FIR No. 554/2020 filed under Section 406, 125 Cr.P.C already stands decided; in FIR No. 554/2020 filed under Section 406, 125 Cr.P.C already stands decided; in FIR No. 554/2020 filed under Section 406, A, 506 IPC at Police Station Yamuna Nagar Jagadhari by petitioner, the 498-A, 506 IPC at Police Station Yamuna Nagar Jagadhari by petitioner, the A, 506 IPC at Police Station Yamuna Nagar Jagadhari by petitioner, the A, 506 IPC at Police Station Yamuna Nagar Jagadhari by petitioner, the respondent has been acquitted. It is accordingly prayed that the present petition be respondent has been acquitted. It is accordingly prayed that the present petition be respondent has been acquitted. It is accordingly prayed that the present petition be respondent has been acquitted. It is accordingly prayed that the present petition be dismissed.

5. No other argument is raised by behalf of learned counsel for the No other argument is raised by behalf of learned counsel for the No other argument is raised by behalf of learned counsel for the No other argument is raised by behalf of learned counsel for the parties. I have heard learned counsel for the parties and perused the case file in parties. I have heard learned counsel for the parties and perused the case file in parties. I have heard learned counsel for the parties and perused the case file in parties. I have heard learned counsel for the parties and perused the case file in detail. I find merit in the submissions advanced on behalf of the respondent. detail. I find merit in the submissions advanced on behalf of the respondent. detail. I find merit in the submissions advanced on behalf of the respondent.

6. The petitioner has specifically pleaded that she has no source of The petitioner has specifically pleaded that she has no source of The petitioner has specifically pleaded that she has no source of The petitioner has specifically pleaded that she has no source of income as she is not working; whereas the respondent has disclosed in his reply income as she is not working; whereas the respondent has disclosed in his reply income as she is not working; whereas the respondent has disclosed in his reply income as she is not working; whereas the respondent has disclosed in his reply dated 18.11.2025 that the petitioner is employed as a Helper/Nurse at Sharma dated 18.11.2025 that the petitioner is employed as a Helper/Nurse at Sharma dated 18.11.2025 that the petitioner is employed as a Helper/Nurse at Sharma dated 18.11.2025 that the petitioner is employed as a Helper/Nurse at Sharma inder thereto has been filed by the petitioner; Hospital at Yamuna Nagar. No rejoinder thereto has been filed by the petitioner; inder thereto has been filed by the petitioner; Hospital at Yamuna Nagar. No rejo thereby admitting the averments made by the respondent. Clearly, therefore, the thereby admitting the averments made by the respondent. Clearly, therefore, the thereby admitting the averments made by the respondent. Clearly, therefore, the thereby admitting the averments made by the respondent. Clearly, therefore, the petitioner has concealed material information from this Court. In this situation, petitioner has concealed material information from this Court. In this situation, petitioner has concealed material information from this Court. In this situation, petitioner has concealed material information from this Court. In this situation, reference may be made to judgment of this Court in Swati Pathania v. Ritesh reference may be made to judgment of this Cour reference may be made to judgment of this Cour Swati Pathania v. Ritesh wherein it is Pangasa, (Punjab And Haryana) : Law Finder Doc ID # 2126995, wherein it is Pangasa, (Punjab And Haryana) : Law Finder Doc ID # 2126995, Pangasa, (Punjab And Haryana) : Law Finder Doc ID # 2126995, held that:- TRIPTI SAINI 2026.05.22 09:14 I attest to the accuracy and integrity of this document 2025 (O&M) TA-1083-2025 (O&M) -4- “Transfer application seeking transfer of matrimonial case dismissed “Transfer application seeking transfer of matrimonial case dismissed “Transfer application seeking transfer of matrimonial case dismissed “Transfer application seeking transfer of matrimonial case dismissed due to concealment of material facts and misstatements made by the due to concealment of material facts and misstatements made by the due to concealment of material facts and misstatements made by the due to concealment of material facts and misstatements made by the petitioner-wife. petitioner Hindu Marriage Act, 1955 Section 13 Transfer application - Hindu Marriage Act, 1955 Section 13 Transfer application Hindu Marriage Act, 1955 Section 13 Transfer application Hindu Marriage Act, 1955 Section 13 Transfer application wife seeking Petitioner-wife seeking wife seeking Petitioner transfer of matrimonial case transfer of matrimonial case transfer of matrimonial case filed by filed by filed by Earlier transfer application dismissed on merits respondent-husband - Earlier transfer application dismissed on merits Earlier transfer application dismissed on merits respondent plication also due to concealment of material facts - Review application also due to concealment of material facts due to concealment of material facts Present transfer application dismissed as dismissed as withdrawn - Present transfer application dismissed as Present transfer application dismissed as dismissed as withdrawn petitioner found to be habitual in making misstatements and petitioner found to be habitual in making misstatements and petitioner found to be habitual in making misstatements and petitioner found to be habitual in making misstatements and misleading the Court.” misleading the Court.”

7. Same view has been taken by this Court in Sheveta @ Sheveta Same view has been taken by this Court in Same view has been taken by this Court in Sheveta @ Sheveta b And Haryana) : Law Finder Doc ID # 2726492; b And Haryana) : Law Finder Doc ID # 272649 Sehgal v. Anuj Puri, (Punjab And Haryana) : Law Finder Doc ID # 272649 Sehgal v. Anuj Puri, (Punja Swati Pathania v. Ritesh Pangasa, (Punjab And Haryana) : Law Finder Doc Swati Pathania v. Ritesh Pangasa, (Punjab And Haryana) : Law Finder Doc Swati Pathania v. Ritesh Pangasa, (Punjab And Haryana) : Law Finder Doc Swati Pathania v. Ritesh Pangasa, (Punjab And Haryana) : Law Finder Doc ID # 2027329; and Richa Nagpal v. Tarun Nagpal, (Punjab And Haryana) : Richa Nagpal v. Tarun Nagpal, (Punjab And Haryana) : Richa Nagpal v. Tarun Nagpal, (Punjab And Haryana) : ID # 2027329; Law Finder Doc ID # 2291311. Law Finder Doc ID # 2291311.

8. earned counsel for the petitioner that the It is also not disputed by the learned counsel for the petitioner that the earned counsel for the petitioner that the It is also not disputed by the l petition under Section 125 Cr.P.C previously pending at Jagadhri has already been petition under Section 125 Cr.P.C previously pending at Jagadhri has already been petition under Section 125 Cr.P.C previously pending at Jagadhri has already been petition under Section 125 Cr.P.C previously pending at Jagadhri has already been decided; and that the respondent stands acquitted in the FIR No.554 of 2025 filed decided; and that the respondent stands acquitted in the FIR No.554 of 2025 filed decided; and that the respondent stands acquitted in the FIR No.554 of 2025 filed decided; and that the respondent stands acquitted in the FIR No.554 of 2025 filed lso not disputed by the petitioner that by the petitioner against the respondent. It is also not disputed by the petitioner that lso not disputed by the petitioner that by the petitioner against the respondent. It is a in the other cases, respondent has not yet put an appearance. Thus, no such in the other cases, respondent has not yet put an appearance. Thus, no such in the other cases, respondent has not yet put an appearance. Thus, no such in the other cases, respondent has not yet put an appearance. Thus, no such extenuating circumstances have been made out by the petitioner as to why she is extenuating circumstances have been made out by the petitioner as to why she is extenuating circumstances have been made out by the petitioner as to why she is extenuating circumstances have been made out by the petitioner as to why she is unable to undertake the travel from Ludhiana to Jagadhri. unable to undertake the travel from Ludhiana to Jagadhri. unable to undertake the travel from Ludhiana to Jagadhri.

9. This Court is also well aware that the preponderance of law in cases This Court is also well aware that the preponderance of law in cases This Court is also well aware that the preponderance of law in cases This Court is also well aware that the preponderance of law in cases of transfer emanating from matrimonial disputes is in favour of the wife. However, of transfer emanating from matrimonial disputes is in favour of the wife. However, of transfer emanating from matrimonial disputes is in favour of the wife. However, of transfer emanating from matrimonial disputes is in favour of the wife. However, in certain cases similar to the present one, the Hon’ble Supreme Court, as well as in certain cases similar to the present one, the Hon’ble Supreme Court, as well as in certain cases similar to the present one, the Hon’ble Supreme Court, as well as in certain cases similar to the present one, the Hon’ble Supreme Court, as well as this Court have refused relief to the wife. One such case is: this Court have ref