Allowed

Kirna Alias Kirna Devi v. Happy

Punjab & Haryana HC17 Jul 2026TA/261/2026

Case brief

AI extract

What is this about?

In this oral order, the High Court allowed the applicant-wife's application to transfer a petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act from the Family Court at Moga to the Family Court at Barnala, citing the wife's convenience and safety. The court relied on Supreme Court precedents regarding the protection of female litigants from undue hardships. The respond

What did the court decide?

Petition HMA-675-2024 transferred from Family Court, Moga to Family Court, Barnala; record sent.

Kirna Alias Kirna Devi Vs Happy — Matrimonial and Divorce | Punjab & Haryana HC (2026)

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TA-261-2026 (O&M)

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202 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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TA-261-2026 (O&M) Decided on:-17.07.2026

Kirna @ Kirna Devi

….Applicant.

vs.

Happy ….Respondent.

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

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Present: Ms. Nimisha, Advocate for the applicant.

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None for the respondent.

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HARKESH MANUJA J. (Oral)

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The applicant-wife, by way of present application, seeks transfer of petition bearing No.HMA/675/2024 (Annexure P-1), titled “Happy Vs. Kirna” , filed under Section 9 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Moga to the competent Court of jurisdiction at Barnala.

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Briefly stating, the marriage between the applicant and respondent was solemnized on 20.10.2021; out of the wedlock, one girl child was born, who is presently residing with the respondent-husband; on account of matrimonial discord between the parties, the above mentioned petition under Section 9 of the 1955 Act, came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife.

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Learned counsel for the applicant submits that the applicant is

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SONIKA 2026.07.20 17:36 I attest to the accuracy and authenticity of this document

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TA-261-2026 (O&M)

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residing at her parental home at Barnala. Accordingly, a prayer is made for transfer of the petition under Section 9 of the 1955 Act filed at the instance of respondent-husband from Family Court, Moga to Family Court, Barnala.

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Despite service, no one has chosen to appear on behalf of the respondent.

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I have heard learned counsel for the applicant and gone through the paper-book. 6. As per the averments made in the present transfer application, the father of the applicant is bed ridden for the past more than one year and there is no one else to take care of her paralyzed father and old mother. The brother of the applicant is not supporting her. Even, the applicant is apprehending threats from her husband regarding which a complaint is also submitted to the SHO, Moga.

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Further reliance can be placed upon the judgments in “Sumita Singh vs Kumar Sanjay”, 2002 SC 396 and “Rajani Kishor Pardeshivs Kishor Babulal Pardeshi”, 2005(12) SCC 237, wherein the Hon’ble Supreme Court has observed that “while deciding the transfer application, the Courts are required to give more weightage and consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships.”

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Considering the aforesaid facts and circumstances as well as keeping in view of the law laid down in the aforementioned judgment, the transfer application is allowed and the petition bearing HMA-675-2024,

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SONIKA 2026.07.20 17:36 I attest to the accuracy and authenticity of this document

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TA-261-2026 (O&M)

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titled as “Happy vs. Kirna” under Section 9 of the 1955 Act filed by the respondent-husband, stands transferred from the Court of ld. Principal Judge, Family Court, Moga to the Family Court, Barnala. The requisite record of the aforesaid case be sent by the learned Court, Moga to the Court concerned.

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Pending miscellaneous application(s), if any, shall also stand disposed off.

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(HARKESH MANUJA) JUDGE

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17.07.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No

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SONIKA 2026.07.20 17:36 I attest to the accuracy and authenticity of this document

Kirna Alias Kirna Devi v. Happy

Case brief

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Kirna Alias Kirna Devi v. Happy

Case brief

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