Sonam Vs Gaurav Kumar

By way of filing the present p etition, the petitioner-wife is seeking tr a nsfer of case bearing No. HM A /74/2024 titled as ‘Gaurav vs. Sonam’ ( A nnexure P-3) pending befor e the learned Family Court, Palwal C a mp at Hodal, Sessions Divi s ion, Palwal to a Court of competent jurisdiction at Faridabad.

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As per office report, notice issued to the respondent has been recei v ed back served through his brot h er. However, none has put in appearanc e on his behalf, despite service . Accordingly, this petition is being deci d ed in his absence.

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Learned counsel for the petitioner , inter alia, submits as

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under:

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i) Marriage of the petiti o ner with the respondent was solemnized on 25.02.2 0 14.

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ii) One son was born out of the said wedlock who is present in the care and c ustody of petitioner-mother.

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iii) Due to matrimonial di s cord the parties are residing separately since 01.01. 2 022.

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RISHU KATARIA 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment.

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TA-235-2026 -2-

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iv) There are 02 cases file d by the petitioner-wife which are pending adjudic a tion before the Courts at Faidabad; which are as u nder:-

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(a) Criminal Case ar i sing out of FIR No. 209/2022 (Annexure P-1) r egistered under Sections 323, 406, 498-A, 50 6 , 34 IPC at Women Police Station NIT, F a ridabad, District Faridabad; and

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(b) Petition filed u n der Section 125 Cr.P.C. for grant of mainten a nce (Annexure P-2).

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v) The petitioner has n o source of income and is residing along with mi n or son at her parental house.

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vi) The distance betwee n place of residence of the petitioner-wife i.e. F a ridabad and the place of proceedings filed by the respondent-husband at Hodal is about 65 Km s . one side. It is very difficult for her to frequently tr a vel from Faridabad to Hodal to attend the Court p r oceedings along with minor son.

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It is accordingly, prayed th a t the present petition may be allowed; and petition bearing No. HMA / 74/2024 titled as ‘Gaurav vs. Sonam’ ( A nnexure P-3) pending before th e learned Family Court, Palwal Camp at H odal, Sessions Division, Palw a l be transferred to a Court of competent jurisdiction at Faridabad.

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No other argument has been m ade on behalf of the petitioner. I have hea r d learned counsel for the petiti o ner and carefully gone through the case file. I find merit in the submissions advanced on behalf of the petitioner.

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Besides the facts as noticed hereinabove, which constitute sufficient g rounds for transfer, the legal p o sition in such like cases is well establishe d . In this regard, judgment o f the Hon’ble Supreme Court rendered i n N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022

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RISHU KATARIA 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment.

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TA-235-2026 -3-

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Live Law (SC) 627 , is notable, wherein t h e Hon’ble Supreme Court has held as un d er:-

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“9. The cardinal principl e for exercise of power under section 24 of the Code of Civil Procedure is that the ends o f justice should demand the t r ansfer of the suit, appeal or other proceeding. In matrim o nial matters, wherever Courts are called upon to consider t he plea of transfer, the Courts have to take into considerat i on the economic soundness o f both the parties, the social s trata of the spouses and their behavioural pattern, their s tandard of life prior to the marriage and subsequent th e reto and the circumstances o f both the parties in eking o u t their livelihood and under whose protective umbrella th e y are seeking their sustenance to life. Given the prevailing s ocioeconomic paradigm in the Indian society, generally, it i s the wife's convenience which must be looked at while consi d ering transfer. 10. Further, when two or m ore proceedings are pending in different Courts between t h e same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the s ame Judge so as to avoid multiplicity in trial of the same issues and conflict o f decisions.”

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Further reliance can be place d upon the judgments in Sumita

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Singh vs Kumar Sanjay, 2002 SC 396 a nd Rajani Kishor Pardeshivs Kishor Babulal Pardeshi, 2005(12) SCC 237 , wherein the Hon’ble Supreme Court has observed that “ w hile deciding the transfer applicatio n , the Courts are required t o give more weightage and considerat i on to the convenience of the fe male litigants and transfer of legal pro c eedings from one Court to a nother should ordinarily be allowed, t a king into consideration their convenience and the Courts should des i st from putting female litigants u nder undue hardships .”

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Even this Court in numbe r of cases has followed the aforesaid p rinciple of law. Accordingly, it is well settled that while considerin g the transfer of a matrimonial dispute/case, at the instance of

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RISHU KATARIA 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment.

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TA-235-2026 -4-

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the wife, t h e Court is to consider the fa m ily condition of the wife, the custody o f the minor child, economic con d ition of the wife, her physical health an d earning capacity of the hus b and and most important the convenien c e of the wife i.e. she cannot tr a vel alone without assistance of a male me m ber of her family, connectivi t y of the place to and fro from her place o f residence as well as bearin g of the litigation charges and travelling e xpenses.

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In view of the judgments i.e. Sumita Singh’s case (supra), Rajani Kishor Pardeshi’s case (supra) a nd N.C.V. Aishwarya’s case (supra) p a ssed by the Hon’ble Suprem e Court, this Court deems it appropriat e to allow the present petiti o n, subject to the following conditions : -

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a) The petition HMA/74 / 2024 titled as ‘Gaurav vs. Sonam’ (Annexure P- 3 ) pending before the learned Family Court, Palwal Camp at Hodal, Sessions Division, Palwal is transferred to a Court of competent jurisdiction a t Faridabad.

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b) The learned District J udge, Palwal is directed to transfer complete reco r d pertaining to the aforesaid case to District Judge, F aridabad.

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c) The parties are directe d to appear before the District Judge, Faridabad on 22.06.2026.

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d) The District Judge, F a ridabad will assign the said petition to the Court of c ompetent jurisdiction.

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The concerned Court at Fari d abad will make all endeavour

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to refer t h e case before the Mediation and Conciliation Centre for exploring t he possibility of some amicable settlement between the parties.

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RISHU KATARIA 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment.

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TA-235-2026 -5-

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The Court concerned, wh e re the litigation is pending between t h e parties, will accommodate them with one date in one calendar m onth.

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I am supported by the decisi o ns rendered by a Co-ordinate Bench of this Court in TA No. 1315/2022, Rohini Arora v Nitin Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet Singh ; an d TA No. 1323 of 2022, Usha Rani v Karmajit Singh.

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The present petition stands disposed of, in the above terms. 14. Pending application(s), if any , shall also stand disposed of.

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20.05.2026 ( NIDHI GUPTA ) rishu JUDGE

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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RISHU KATARIA 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment.

Sonam v. Gaurav Kumar

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Sonam v. Gaurav Kumar

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