Transfer Application No.1428 of 202 v. Raman Ku

Mr. Kuljit Singh, Advocate fo Mr. Pardeep K. Bajaj, Advoca for the applicant. ate for dvocate None for the respondent despi t despite service. NIDHI GU HI GUPTA J. (Oral)

1. By way of present Transfer A nsfer Application, the applicant is seeking t eking transfer of Petition filed by the r y the respondent-husband under Section 13 on 13 of the Hindu Marriage Act, 195 ct, 1955 (hereinafter called ‘the Act’) for d ) for dissolution of marriage, bearing earing case No.DMC/439/2024 dated 23.8

23.8.2024 titled as “Raman Ku n Kumar Sharma vs. Vijay Lakshmi” hmi” (Annexure P-1) from the Co he Court of learned Principal Judge, Fa e, Family Court, Ferozepur to th to the Court of competent jurisdiction diction at Faridkot.

2. Learned counsel for the applic applicant has contended :- i) that the parties were married arried on 23.4.2014 according to Hindu rites and rituals. ii) that one female (D.O.B. 01.3. . 01.3.2015) and one male child (D.O.B. 10.6.2020) were born e born out of this wedlock, who VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document Transfer Application No.1428 of 202 2025 (O & M) 2 have been in the care and c and custody of the respondent- husband at Ferozepur. iii) iii) that the applicant-wife is li is living separately from the respondent-husband since 02.7 ce 02.7.2024 and living with her old aged mother at her mer mercy at Kotkapura, District Faridkot. Father of the applica applicant used to live abroad. iv) iv) that the petitioner is unemplo nemployed, having no source of income and totally dependent endent upon her mother and the respondent-husband, is not not paying anything to her towards maintenance. v) The proceedings arising out o out of petition under Section 12 of the D.V. Act; as well as FI l as FIR No.12 dated 24.1.2025., filed by the applicant-wif wife, are pending Department/Court having c ing competent jurisdiction at Faridkot. v) That the distance between p een place of residence of the applicant-wife i.e. Faridkot an and the place of proceedings under Section 13 of the Act he Act, filed by the respondent- husband, pending before the re the Principal Judge, Family Court, Ferozepur, is about 36 ut 36 kilometers one side. vi) that there is no proficient mal nt male member in the family of the petitioner, who can accom accompany her to visit and attend the Court of proceedings at Fe Ferozepur because mother of the applicant is old aged perso person.

3. 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.

4. Despite service, there is no r s no representation on behalf of respondent ndent-husband.

6. I have heard learned counsel fo nsel for the applicant. In view of the facts as enum enumerated above, I am of the view that that unlike the respondent, the ap applicant-wife is admittedly VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document Transfer Application No.1428 of 202 2025 (O & M) 3 unemploye ployed, having no responsibilities as ies as it is the respondent who is working an ing and simultaneously single-hande handedly looking after his both children an and fulfilling all his duties in that in that respect i.e. the respondent is single-ha handedly responsible for the men e mental and physical welfare of both the ch the children as also has to ensure th sure that all basic amenities are provided to ided to them as also their career and r and education. In contrast, no extenuating uating circumstances have been b een brought to light by the petitioner, ioner, on the basis of which it is sh t is shown that she is not in a position to ion to travel the relatively short distan t distance of about 36 kilometers as admitted mittedly, it is hardly a one-hour jou ur journey between Faridkot to Ferozepur zepur, and that too, not daily but only o t only on the date of hearing.

7. This Court is well aware of th e of the preponderance of law in cases of tra of transfer emanating from matrimon trimonial disputes is in favour of the wife. H ife. However, in certain similar cas lar cases as the present one, the Hon’ble Su ’ble Supreme Court, as well as this C this Court have refused relief to the wife. O ife. One such case which may be re be referred to is: (2006) 9 SCC 197 ‘Anind ‘Anindita Das Vs. Srijit Das’ where wherein Hon’ble Supreme Court under simil r similar circumstances dismissed the ed the wife’s application seeking transfer of fer of petition filed by the husband.Re Reference in this regard may also be m be made to two cases of this this Court where, in similar circumstan mstances this Court had dismissed tra sed transfer applications filed on behalf of th lf of the wife. These are: TA no. 126 126 of 2018 Smt. Akhwinder Kaur Vs. S r Vs. Sh. Gurpreet Singh; and TA N TA No. 299 of 2019 Nisha alias Manisha v isha vs. Amarveer Yadav. VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document Transfer Application No.1428 of 202 2025 (O & M) 4

8. Accordingly, in view of the f the facts and circumstances of the present resent case as noted above, as also the lso the precedents of Case law as above, find e, finding no merit in this petition, the the same is hereby dismissed. Pending application(s) if any s f any stand disposed of. , 2026 May 13, 20 Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.15 08.47 I attest to the accuracy and integrity of this document