(O & M) Ramandee andeep Kaur v. Gurkirpal kirpal Singh

Mr. Rajiv Kataria, Advocate w Ms. Sushmeet Kaur, Advocate cate with vocate for the respondent. NIDHI GU HI GUPTA J. (Oral) The applicant-wife has fil as filed the present transfer application ication seeking f transfer of the petition filed by responden ondent-husband under Section 1 ion 13(1)(i-a) of the Hindu Marriage A riage Act, 1955 (hereinafter referred eferred to as ‘the Act’) seeking dissolution olution of marriage by a decre decree of divorce titled as “Gurkirpal rkirpal Singh vs. Ramandeep ndeep Kaur”, bearing No. HMA/143 A/143/2025 (Annexure P-4), pend pending before the Court of learned Ad ned Addl. Principal Judge, Family C mily Court, Dera Bassi, to the competent petent Court at Ambala. Learned counsel for the ap the applicant submits that the marriage b riage between the parties was solem solemnized on 10.02.2020 and no child w hild was born out of the wedlock edlock. Owing to matrimonial VIJAY ASIJA 2026.05.15 08.34 I attest to the accuracy and integrity of this document TA-1146-2025 (O & M) 2 ord, discord, the parties have been res t n residing separately since

02.06.2022

6.2022. It is submitted that the respo e respondent-husband instituted the aforesa aforesaid divorce petition on 11.08.2

1.08.2025 at Dera Bassi on the ground of nd of cruelty. It is further contended that that the applicant has already initiated t ated the following proceedings ag ngs against the respondent at Ambala:- - (i) Petition under Sectio (ii) Proceedings under t Section 125 Cr.P.C. nder the Protection of Women from Domestic Viol (iii) FIR No.0009 date c Violence Act; and dated 09.01.2025 registered under Sections 323, s 323, 406, 498-A and 506 IPC at Police Station Mu on Mullana, District Ambala. On the strength of the afore aforesaid proceedings, learned counsel submits that the divorce petit e petition also deserves to be transferred sferred to Ambala so as to avoid mu id multiplicity of litigation and inconvenie nvenience to the applicant. It is add is additionally argued that the applicant icant apprehends threat to her saf er safety at the hands of the responden ondent, alleging that the responde spondent had assaulted her at public plac lic places on earlier occasions. Per contra, learned counsel ounsel appearing on behalf of the respon respondent-husband has vehemently ently opposed the prayer made in the pres e present application. It is submitt ubmitted that it is an admitted position th tion that the applicant is presently r ently residing and employed at Chandigar ndigarh, which is geographically m ally much nearer to Dera Bassi VIJAY ASIJA 2026.05.15 08.34 I attest to the accuracy and integrity of this document TA-1146-2025 (O & M) 3 than Amba Ambala. It is further submitted that d that the respondent is serving as a Lieut Lieutenant Colonel in the Army a rmy and is presently posted at Leh. Acco . According to learned counsel, the el, the respondent has to travel from Leh Leh whenever his presence is requ is required before the Court. It is also po lso pointed out that the marriage riage between the parties was solemnized mnized at Zirakpur and the parties h rties had lastly resided together at Dera Ba era Bassi and, therefore, the respon espondent rightly instituted the divorce pe rce petition at Dera Bassi, where where part of cause of action arose. Learned counsel for the res the respondent further submits that althou although the respondent has already lready put in appearance in the proceeding eedings pending at Ambala, the sa the said matters are still at an initial stag al stage and the respondent is co is contemplating initiation of appropriat opriate proceedings for transfer the fer thereof in accordance with law. I have heard learned counse ounsel for the parties and have gone throu e through the record. The principal ground press pressed by the applicant for seeking tr ing transfer is inconvenience co ce coupled with an alleged apprehensi ehension regarding her safety. How . However, this Court finds that except ma pt making a bald assertion that the at the respondent had allegedly assaulted h ulted her at public places, no mate material whatsoever has been placed on ed on record to substantiate such al uch allegations. No complaint, medical d ical document or any contemporan mporaneous material has been VIJAY ASIJA 2026.05.15 08.34 I attest to the accuracy and integrity of this document TA-1146-2025 (O & M) 4 produced uced in support of the alleged ap ed apprehension. Mere vague allegations ations, unsupported by any prima prima facie material, cannot be made the s e the sole basis for transfer of judici judicial proceedings. That apart, it is not disput disputed that the applicant is presently ently residing and employed at C at Chandigarh. The distance between C een Chandigarh and Dera Bassi is assi is comparatively short and convenien enient. On the other hand, the respo e respondent is presently posted at Leh in c eh in connection with his military s litary service and is required to travel a s el a substantial distance to atten attend the proceedings. The comparativ parative convenience of parties, th ties, therefore, does not tilt in favour of t ur of the applicant. It also deserves notice that t that the marriage between the parties wa ies was solemnized at Zirakpur and ur and the parties last resided together a ther at Dera Bassi. Consequently, ently, the Court at Dera Bassi cannot be ot be said to lack territorial juris l jurisdiction to entertain the petition fil tion filed by the respondent-husband usband under Section 13 of the Act. Though pendency of conne connected proceedings at one place can, e can, in certain circumstances, be es, be a relevant consideration for transfe transfer, however, the same cannot not be treated as an absolute rule, partic , particularly where no exceptional ptional hardship or compelling circumstan umstance is demonstrated. In the pre he present case, this Court does find any sufficient ground w nd warranting exercise of VIJAY ASIJA 2026.05.15 08.34 I attest to the accuracy and integrity of this document TA-1146-2025 (O & M) 5 discretiona retionary jurisdiction for transfer of transfe the matrimonial proceeding eedings from Dera Bassi to Ambala mbala. Accordingly, finding no me no merit in the present transfer application ication, the same is hereby dismisse missed. Pending application(s), if s), if any, shall also stand disposed o osed of. , 2026 May 12, 20 Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.15 08.34 I attest to the accuracy and integrity of this document