Transfer Application No.1670 of 202 v. Gauri Sha

Judgment

1. Prayer in this Transfer Applic Application filed by applicant- wife is for is for transfer of the petition filed by r d by respondent-husband under Section 13 13(1)(1-a) of the Hindu Marriage rriage Act,1955 (for short ‘the Act’) bear bearing No.DMC/392/2025 titled titled as “Gauri Shankar vs. Mamta Sh ta Sharma” (Annexure P-1) pendin pending in the Family Court, Rohtak to a to a Court of competent jurisdiction diction at Panipat. Though notice has been served served upon the respondent but no one is ne is appearing on his behalf for f for the last three dates i.e.

25.3.2026, .2026, 27.4.2026 and 07.5.2026. Toda . Today also, nobody is present to represen present him. Accordingly, this petitio petition is being decided in his absence.

Learned counsel for the applic applicant has contended :- VIJAY ASIJA 2026.05.22 19.24 I attest to the accuracy and integrity of this document Transfer Application No.1670 of 202 2025 (O & M) 2 i) That the parties were married arried on 09.12.2012 according to Hindu rites and rituals. ii) That two children, one male male and one female were born out of this wedlock on 03.7.

03.7.2015 and 10.6.2022 were born out of the said wedlock, dlock, who are presently residing in the care and custody of the a of the applicant-wife. iii) That the applicant-wife is li iii) e is living separately from the respondent-husband since 24.1 ce 24.11.2024 and living with her parents at their mercy at villag village Kurana, District Panipat. iv) That the applicant is unemplo iv) nemployed, having no source of income and totally dependent endent upon her parents and the respondent-husband is not not paying anything to her towards maintenance. v) That the proceedings arising o ising out of petition :- (a) under Section 1 tion 12 of the Protection of Women from Dom m Domestic Violence Act, 2005; filed by the applicant-wife, a wife, are pending in the Courts having competent jurisdiction iction at Panipat. vi) That the distance between p vi) een place of residence of the applicant-wife i.e. Panipat and pat and the place of proceedings under Section 13(1)(1-a) of the Act, filed by the respondent-husband, pending nding before the Family Court, Rohtak, is about 120 kilometer ometers on one side. vii) That there is no proficient ma vii) nt male member in the family of the applicant, who can accom accompany her to the Court of proceedings at Rohtak.

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. I have heard learned counsel fo nsel for the applicant.

5. Besides the facts as notice noticed hereinabove, the legal position in ion in such like cases as the present o esent one, is well established. In this regard regard, judgment of the Hon’ble Su ble Supreme Court rendered in VIJAY ASIJA 2026.05.22 19.24 I attest to the accuracy and integrity of this document Transfer Application No.1670 of 202 2025 (O & M) 3 N.C.V. Ais V. Aishwarya vs A.S. Saravana Kar a Karthik Sha,” 2022 Live Law (SC) 627, w , wherein the Hon’ble Supreme Co eme Court has held as under:- for exercise of power under “9. The cardinal principle for ex il Procedure is that the ends of section 24 of the Code of Civil Pro transfer of the suit, appeal or justice should demand the transfe onial matters, wherever Courts other proceeding. In matrimonial m the plea of transfer, the Courts are called upon to consider the ple on the economic soundness of have to take into consideration the trata of the spouses and their both the parties, the social strata standard of life prior to the behavioural pattern, their standa ereto and the circumstances of marriage and subsequent thereto a ut their livelihood and under both the parties in eking out the they are seeking whose protective umbrella the prevailing socioeconomic sustenance to life. Given the pr iety, generally, it is the wife's paradigm in the Indian society, g looked at while considering convenience which must be look transfer.

10. Further, when two or more pro different Courts between the sam common question of fact and law, in the cases are interdependent, should be tried together by the sam multiplicity in trial of the same decisions.” ore proceedings are pending in he same parties which raise d law, and when the decisions dent, it is desirable that they the same Judge so as to avoid same issues and conflict of

6. Further reliance can be place e placed upon the judgments in “Sumita S ita Singh vs Kumar Sanjay”, 20 ”, 2002 SC 396 and “Rajani Kishor Pa or Pardeshivs Kishor Babulal Pard Pardeshi”, 2005(12) SCC 237, wherein th ein the Hon’ble Supreme Court h ourt has observed that “while deciding th ing the transfer application, the Court Courts are required to give more weightage htage and consideration to the co he convenience of the female litigants an nts and transfer of legal proceedings dings from one Court to another should ord ld ordinarily be allowed, taking into consideration convenienc enience and the Courts should de ld desist from putting female litigants un nts under undue hardships.”

7. Even this Court in number o mber of cases has followed the aforesaid p said principle of law. Accordingly, i gly, it is well settled that while VIJAY ASIJA 2026.05.22 19.24 I attest to the accuracy and integrity of this document Transfer Application No.1670 of 202 2025 (O & M) 4 considering ng the transfer of a matrimonial d onial dispute/case, at the instance of the wife e wife, the Court is to consider the fam the family condition of the wife, the custody ustody of the minor child, economic nomic condition of the wife, her physical h ical health and earning capacity o city of the husband and most important t rtant the convenience of the wife i.e ife i.e. she cannot travel alone without ass out assistance of a male member of h er of her family, connectivity of the place to lace to and fro from her place of resid f residence as well as bearing of the litigatio itigation charges and travelling expen xpenses.

8. In view of the facts mentioned ntioned above and the judgments i.e. Sumita umita Singh’s case (supra), Rajan Rajani Kishor Pardeshi’s case (supra) and ra) and N.C.V. Aishwarya’s case (sup se (supra) passed by the Hon’ble Supreme C eme Court, this Court deems it appro appropriate to allow the present petition, su ion, subject to the following conditions ditions:- a) The petition filed by r d by respondent husband under Section a) 13(1)(1-a) Act, bearing DMC/392/2025 titled titled as “Gauri Shankar vs. Mamta Sharma”, pend , pending in the Family Court, Rohtak is transferred erred to a Court of competent ipat. jurisdiction at Panipat. b) The ld. District Judg Judge, Rohtak is directed to transfer complete record pertaining aforesaid case to Distric District Judge, Panipat. c) The parties are direct directed to appear before the District & Sessions Judg ns Judge, Panipat on 23.6.2026. d) The District Judge, Pa Panipat will assign the said petition to the Court of c urt of competent jurisdiction.

9. The concerned Court at Panip Panipat will make all endeavour to refer the fer the case before the Mediation an tion and Conciliation Centre for VIJAY ASIJA 2026.05.22 19.24 I attest to the accuracy and integrity of this document Transfer Application No.1670 of 202 2025 (O & M) 5 exploring t ng the possibility of some amicab micable settlement between the parties.

10. The Court concerned, where where the litigation is pending between th een the parties, will accommodate th date them with one date in one calendar m dar month.

11. I am supported by the deci e decisions rendered by a Co- ordinate Be ate Bench of this Court in TA No. 13 No. 1315/2022, Rohini Arora v Nitin Tal Talwar; TA No. 1322 of 20 f 2022, Jaswinder Kaur v Gurvinder vinderjeet Singh; and TA No. 132 . 1323 of 2022, Usha Rani v Karmajit S ajit Singh. Disposed of. Pending application(s), if any, if any, stands disposed of. , 2026 May 22, 20 Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.22 19.24 I attest to the accuracy and integrity of this document