Wife sought transfer of her husband's divorce petition under Section 13 HMA from the Family Court, Bathinda to Baghapurana, District Moga. Noting she has custody of their two-year-old son, no source of earning, and a pending BNSS Section 144 petition at Baghapurana, the High Court allowed the transfer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
TA-13-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sr. No.202
TA-13-2025
Date of Decision: 21.01.2026
AARTI
....Applicant
Versus
DEV ALIAS ABHISHEK
.....Respondent
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present:Ms. Sunita Devi, Advocate for Mr. Sukhmeet Singh, Advocate for the applicant.
Mr. Neeraj Jain, Advocate for the respondent.
ARCHANA PURI, J. (Oral)
The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/1434/2024, titled ‘Dev @ Abhishek Vs. Aarti’, filed by the respondenthusband, pending in the Family Court, Bathinda and she seeks transfer of the same to the Court of competent jurisdiction at Baghapurana, District Moga.
In pursuance of notice issued, the respondent made appearance through counsel and filed the reply.
Counsel for the parties heard.
At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties had taken place on
PREETI 2026.01.22 10:44 I attest to the accuracy and integrity of this document
2
TA-13-2025
28.11.2022. On account of matrimonial dispute, the parties are residing separate. One son born from the said wedlock, who is about 2 years old, is in the care and custody of the applicant. She is not having any source of earning and is dependent upon her parental family. She has also filed petition under Section 144 of BNSS, which is pending at Baghapurana, District Moga and the respondent is making appearance in the same. The distance between the two places is stated to be about 125 kilometres.
On the other hand, counsel for the respondent, while making reference to the reply, submits that the distance between the two places is stated to be 125 kilometres, whereas it is about 60 kilometres. Also, he submits that it shall be too harsh upon the respondent also, if the said application is accepted and the divorce petition is transferred.
In view of the submissions aforesaid, it is pertinent to note that while adjudicating on the transfer application relating to the matrimonial dispute, various factors ought to be taken into consideration, more particularly, the financial condition of the spouses and if any child is born, which spouse is having the custody of the child and his/her financial capability to take care of the child, the distance between the two places, convenience/inconvenience of the parties etc., so on and so forth. However, each case has to be decided on its own factual background and no straitjacket formula of universal application can be adopted. In the case in hand, the most weighing factor is about 2 years old child, to be in the care and custody of the applicant, who herself is not having any source of earning. Besides the same, there is one litigation, already pending in the
PREETI 2026.01.22 10:44 I attest to the accuracy and integrity of this document
3
TA-13-2025
Courts at Baghapurana, District Moga, which is being pursued by the respondent.
Considering the aforesaid circumstances as well as the distance between the two places, it is just and expedient to accept the application. Hence, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/1434/2024, titled ‘Dev @ Abhishek Vs. Aarti’, filed by the respondent-husband, stands transferred from the Family Court, Bathinda, to the Court of competent jurisdiction at Baghapurana, District Moga. The requisite record of the aforesaid case be sent by the Family Court, Bathinda, to the District and Sessions Judge, Moga.
Learned District and Sessions Judge, Moga, shall assign the said petition to the Family (Camp) Court, Baghapurana. Even, the parties are directed to appear before the Family (Camp) Court, Baghapurana, within a period of one month from today onwards.
21.01.2026
Preeti S.
(ARCHANA PURI) JUDGE Whether speaking/reasoned : Yes Whether reportable : Yes/No
PREETI 2026.01.22 10:44 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the husband's divorce petition under Section 13 HMA pending at Bathinda should be transferred to Baghapurana for the convenience of the wife, who has custody of a two-year-old child and no ind
2 provisions across 2 enactments
Aarti
Dev alias Abhishek
Archana Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
