Ruchi Singla v. Singh

Mr. Lalit Attri, Advocate for Mr. Jashanjot singh Uppal, Advocate Mr. Jashanjot singh Uppal, Advocate for the applicant. Mr. Navdeep Jain, Advocate for Mr. Navdeep Jain, Advocate for Mr. Sunny K. Singla, Advocate Mr. Sunny K. Singla, Advocate for the respondent. NIDHI GUPTA J. (Oral) GUPTA J. (Oral)

1. Prayer in this petition filed by applicant-wife is for transfer Prayer in this petition filed by applicant of the petition bearing No.HMA/181/2025 filed by respondent-husband of the petition bearing No.HMA/181/2025 filed by respondent of the petition bearing No.HMA/181/2025 filed by respondent under Section 13 of the Hindu Marriage Act,1955 (for short ‘the Act’) under Section 13 of the Hindu Marriage Act,1955 (for short ‘the Act’) under Section 13 of the Hindu Marriage Act,1955 (for short ‘the Act’) ingla” pending in the Family Court, titled “Sandeep Singh vs. Ruchi Singla” pending in the Family Court, titled “Sandeep Singh vs. Ruchi S Malerkotla to a Court of competent jurisdiction at Ludhiana. Malerkotla to a Court of competent jurisdiction at Ludhiana. Malerkotla to a Court of competent jurisdiction at Ludhiana.

2. Learned counsel for the applicant has contended : 2. Learned counsel for the applicant has contended :- i) that the parties were married on 15.12.2024. that the parties were married on ii) That no child was born out of this wedlock. That no child was born out of this iii) iii) wife is living separately from the that the applicant-wife is living separately from the respondent-husband since 26.7.2025

26.7.2025 and living with her parents at their mercy at Malerkotla. parents at their mercy at Malerkotla. iv) iv) that the applicant is unemployed, having no source of that the applicant is unemployed, having no source of income and totally dependent upon her parents; and the income and totally dependent upon 1515 of 2025 (O & M) Transfer Application No.1515 of 2025 (O & M) 2 husband is not paying anything to her towards respondent-husband is not paying anything to her towards maintenance. v) That the proceedings arising out of petition :- That the proceedings arising out of petition : (a) under Section 144 of BNSS for maintenance Section 144 of BNSS for maintenance wife, are pending in the Courts filed by the applicant-wife, are pending in the Courts mpetent jurisdiction at Ludhiana. having competent jurisdiction at Ludhiana. v) That the distance between place of residence of the That the distance between place of residence of the and the place of proceedings applicant-wife i.e. Ludhiana and the place of proceedings under 13 of the Act, filed by the respondent of the Act, filed by the respondent-husband, pending before the Family Court, Malerkotla, is about 60 pending before the Family Court, Malerkotla, is about kilometers one side. vi) that there is no proficient male member in the family of the that there is no proficient male member in the family of the applicant, who can accompany her to visit and attend the applicant, who can accompany her to visit and attend the Court of proceedings at Malerkotla because the parents are Court of proceedings at Malerkotla because the parents are

3. old aged persons and suffering from age related ailments. old aged persons and suffering from age related ail It is inter alia on these grounds that applicant prays for on these grounds that applicant prays for transfer of the case, as detailed in para 1 above. transfer of the case, as detailed in para 1 above. transfer of the case, as detailed in para 1 above.

4. Per contra, learned counsel appearing on behalf of the , learned counsel appearing on behalf of the husband has opposed the present transfer petition. It has been respondent-husband has opposed the present transfer petition. It has been respondent mitted that prior to the marriage, the applicant-wife was doing job in mitted that prior to the marriage, the applicant submitted that prior to the marriage, the applicant a Competition Academy at Malerkotla. According to the respondent, on a Competition Academy at Malerkotla. According to the respondent, on a Competition Academy at Malerkotla. According to the respondent, on

26.07.2025, the applicant was removed from service on allegations of 26.07.2025, the applicant was removed from service on allegations of 26.07.2025, the applicant was removed from service on allegations of theft and on the same day she voluntarily left the matrimonial home and theft and on the same day she voluntarily left theft and on the same day she voluntarily left went to reside with her parents at Ludhiana. went to reside with her parents at Ludhiana. went to reside with her parents at Ludhiana.

5. Learned counsel for the respondent further submits that the Learned counsel for the respondent further submits that the actual distance between Ludhiana and Malerkotla is only about 40-45 actual distance between Ludhiana and Malerkotla is only about 40 actual distance between Ludhiana and Malerkotla is only about 40 and not 60 kilometers as stated by learned counsel for the kilometers and not 60 kilometers as stated by learned counsel for the kilometers can conveniently be covered within applicant, and the said distance can conveniently be covered within applicant, . It has also been pointed out that the approximately one hour journey. It has also been pointed out that the approximately one hour State of Punjab provides free bus travel facilities to women and, State of Punjab provides free bus travel facilities to wome State of Punjab provides free bus travel facilities to wome 1515 of 2025 (O & M) Transfer Application No.1515 of 2025 (O & M) 3 therefore, the applicant cannot claim any serious financial hardship in therefore, the applicant cannot claim any serious therefore, the applicant cannot claim any serious attending the Court proceedings at Malerkotla. attending the Court proceedings at Malerkotla. attending the Court proceedings at Malerkotla.

6. It has further been contended that the applicant has failed to It has further been contended that the applicant has failed to demonstrate any physical incapacity, medical condition or other demonstrate any physical incapacity, medical condition or other demonstrate any physical incapacity, medical condition or other compelling circumstance which may prevent her from travelling the said compelling circumstance which may prevent her from travelling the said compelling circumstance which may prevent her from travelling the said distance on the dates fixed before the Court. distance on the dates fixed before the Court. distance on the dates fixed before the Court.

7. I have heard learned counsel for the parties and have I have heard learned counsel for the parties and have carefully considered the rival submissions made before this Court. carefully considered the rival submissions made before this Court. carefully considered the rival submissions made before this Court.

8. l settled that while adjudicating transfer petitions It is well settled that while adjudicating transfer petitions arising out of matrimonial disputes, the convenience of the wife arising out of matrimonial disputes, the convenience of the wife arising out of matrimonial disputes, the convenience of the wife ordinarily deserves due consideration. However, the said principle is not ordinarily deserves due consideration. However, the said principle is not ordinarily deserves due consideration. However, the said principle is not an inflexible rule and each case is required to be examined on the basis an inflexible rule and each case is required to be examined on t an inflexible rule and each case is required to be examined on t of its own facts and attending circumstances. of its own facts and attending circumstances. of its own facts and attending circumstances.

9. In the present case, the distance between Ludhiana and In the present case, the distance between Ludhiana and Malerkotla is admittedly not substantial and can conveniently be covered Malerkotla is admittedly not substantial and can conveniently be covered Malerkotla is admittedly not substantial and can conveniently be covered within a short duration. The applicant-wife is required to travel within a short duration. The applicant wife is required to travel only on the dates fixed in the proceedings and not on a daily basis. No material the dates fixed in the proceedings and not on a daily basis. No material the dates fixed in the proceedings and not on a daily basis. No material has been placed on record to establish that the applicant is suffering from has been placed on record to establish that the applicant is suffering from has been placed on record to establish that the applicant is suffering from any physical, mental or medical condition which renders her incapable any physical, mental or medical condition which renders her incapable any physical, mental or medical condition which renders her incapable of undertaking such travel. of undertaking such travel.

10. This Court also finds that except for general assertions This Court also finds that except for general assertions regarding inconvenience and financial dependence, no exceptional regarding inconvenience and financial dependence, no exceptional regarding inconvenience and financial dependence, no exceptional circumstance has been pleaded or demonstrated so as to warrant exercise circumstance has been pleaded or demonstrated so as to warrant exercise circumstance has been pleaded or demonstrated so as to warrant exercise of the discretionary jurisdiction of this Court for transfer of the of the discretionary jurisdiction of this Court for trans of the discretionary jurisdiction of this Court for trans matrimonial proceedings. matrimonial proceedings. 1515 of 2025 (O & M) Transfer Application No.1515 of 2025 (O & M) 4

11. This Court is well aware of the preponderance of law in This Court is well aware of the preponderance of law in of transfer emanating from matrimonial disputes is in favour of the cases of transfer emanating from matrimonial disputes is in favour of the of transfer emanating from matrimonial disputes is in favour of the wife. However, in certain similar cases as the present one, the Hon’ble wife. However, in certain similar cases as the present one, the Hon’ble wife. However, in certain similar cases as the present one, the Hon’ble , as well as this Court have refused relief to the wife. One Supreme Court, as well as this Court have refused relief to the wife. One Supreme Court such case which may be referred to is: (2006) 9 SCC 197 such case which may be referred to is: (2006) 9 SCC 197 ‘Anindita Das ’ wherein Hon’ble Supreme Court under similar Vs. Srijit Das’ wherein Hon’ble Supreme Court under similar Vs. Srijit Das circumstances dismissed the wife’s application seeking transfer of circumstances dismissed the wife’s application seeking transfer circumstances dismissed the wife’s application seeking transfer Reference in this regard may also be made petition filed by the husband.Reference in this regard may also be made petition filed by the husband. to two cases of this Court where, in similar circumstances this Court had to two cases of this Court where, in similar circumstances this Court had to two cases of this Court where, in similar circumstances this Court had dismissed transfer applications filed on behalf of the wife. These are: TA dismissed transfer applications filed on behalf of the wife. These are: dismissed transfer applications filed on behalf of the wife. These are: no. 126 of 2018 Smt. Akhwinder Kaur Vs. Sh. Gurpreet Singh; no. 126 of 2018 Smt. Akhwinder K aur Vs. Sh. Gurpreet Singh; and TA No. 299 of 2019 Nisha alias Manisha vs. Amarveer Yadav. TA No. 299 of 2019 Nisha alias Manisha vs. Amarveer Yadav. TA No. 299 of 2019 Nisha alias Manisha vs. Amarveer Yadav.

12. Keeping in view the totality of the facts and circumstances Keeping in view the totality of the facts and circumstances of the present case, particularly the comparatively short distance of the present case, particularly the comparatively short distance of the present case, particularly the comparatively short distance e of any exceptional hardship shown between the two places, the absence of any exceptional hardship shown between the two places, the absenc wife, and the settled legal position governing transfer by the applicant-wife, and the settled legal position governing transfer by the applicant petitions, this Court is of the considered opinion that no ground is made petitions, this Court is of the considered opinion that no ground is made petitions, this Court is of the considered opinion that no ground is made out for transfer of the petition pending before the learned Family Court, out for transfer of the petition pending before the learned Family Court, out for transfer of the petition pending before the learned Family Court, Malerkotla. Malerkotla.

13. Accordingly, finding no merit in the present transfer Accordingly, finding no merit in the present transfer application, the same is hereby dismissed. application, the same is hereby dismissed. Pending application(s), if any, shall stand(s) disposed of. Pending application(s), if any, shall stand(s) disposed of. May 21, 202 , 2026 Vijay Asija Vijay Asija ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes / No speaking/reasoned Yes / No Whether Reportable Yes / No Whether Reportable Yes / No