Jasvir Kaur Vs Anmol Rattan

Prayer in this Transfer Application filed by applicantwife is for transfer of the petition bearing No.HMA/45/2026 filed by responde n t-husband under Section 13 o f the Hindu Marriage Act, 1955 (fo r short ‘the Act’) titled as “An m ol Rattan Vs. Jasvir Kaur” (Annexu r e P-1) pending in the Court of A dditional Principal Judge, Family C ourt, Ludhiana to a Court o f competent jurisdiction at Malerkot l a.

¶15

Learned counsel for the applicant submits :- i) That the parties were marri e d on 12.10.2024 according to Sikh rites and rituals.

¶16

ii) That a male child was born out of this wedlock on 18.8.2025, and is in the care and custody of the applicant.

¶17

VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document

¶18

TA-356-2026 (O & M) 2

¶19

iii) That the applicant-wife is living separately from the respondent-husband since 0 4 .9.2025 and living with her parents at their mercy at Village Sarwarpur, District Malerkotla.

¶20

iv ) That the applicant is unem p loyed, having no source of income and totally depende n t upon her parents and the respondent-husband is no t paying anything to her towards maintenance.

¶21

v) That the distance between place of residence of the applicant-wife i.e. Maler k otla and the place of proceedings under Section 13 of the Act, filed by the respondent-husband, pendi n g before the Additional Principal Judge, Family C o urt, Ludhiana, is about 50 kilometers on one side.

¶22

vii ) That there is no proficient m ale member in the family of applicant who can accom p any her to the Court of proceedings at Ludhiana.

¶23

1. It is inter alia on these gro u nds that applicant prays for

¶24

transfer of the case, as detailed in para 1 a bove.

¶25

I have heard learned counsel for the applicant.

¶26

Besides the facts as noti c ed hereinabove, the legal position i n such like cases as the presen t one, is well established. In this rega r d, judgment of the Hon’ble S upreme Court rendered in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022 Live Law (SC) 627 , wherein the Hon’ble Supreme C ourt has held as under:-

¶27

“9. The cardinal principle for exercise of power under section 24 of the Code of Civil P r ocedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonia l matters, wherever Courts are called upon to consider the p lea of transfer, the Courts have to take into consideration t h e economic soundness of both the parties, the social strat a of the spouses and their behavioural pattern, their stan d ard of life prior to the marriage and subsequent thereto and the circumstances of

¶28

VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document

¶29

TA-356-2026 (O & M) 3

¶30

both the parties in eking out t h eir livelihood and under whose protective umbrella t hey are seeking their sustenance to life. Given the p revailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be lo o ked at while considering transfer.

¶31

Further, when two or more p roceedings are pending in different Courts between the s ame parties which raise common question of fact and la w , 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 sa m e issues and conflict of decisions.”

¶32

Further reliance can be pl a ced 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 t he transfer application, the Co u rts are required to give more weightag e and consideration to the c onvenience of the female litigants a nd transfer of legal proceedings from one Court to another should o rdinarily be allowed, takin g into consideration their convenie n ce and the Courts should d esist from putting female litigants u nder undue hardships.”

¶33

Even this Court in numbe r of cases has followed the aforesaid principle of law. Accordingly, it is well settled that while consideri n g the transfer of a matrimonial dispute/case, at the instance of the wi f e, the Court is to consider the f amily condition of the wife, the custo d y of the minor child, econom i c condition of the wife, her physical health and earning capacity of the husband and most importan t the convenience of the wife i.e. she cannot travel alone without a ssistance of a male member o f her family, connectivity of

¶34

VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document

¶35

4

¶36

TA-356-2026 (O & M)

¶37

the place to and fro from her place of re s idence as well as bearing of the litiga t ion charges and travelling expe n ses.

¶38

After going through the en t ire paper-book, considering the fact t h at issuance of notice to the resp o ndent has the consequences of stayin g further proceedings before t h e trial Court, otherwise the applicant - wife will have to bear th e litigation expenses and transport a tion expenses and in case, notice of motion is issued, even the resp o ndent-husband has to bear th e litigation expenses and in view of the judgments i.e. Sumita Singh’s case (supra), Rajani Kishor Pardeshi’s case (supra) and N.C.V. Aishwarya’s case (supra) passed by the Hon’ble Suprem e Court, this Court deems it appropri a te to allow the present petiti o n, subject to the following conditio n s:-

¶39

a) The petition filed b y respondent husband under Section 13 of Act, b earing No. HMA/45/2026 titled as “Anmol Ratt a n vs. Jasvir Kaur”, pending in the Court of Additi o nal Principal Judge, Family Court, Ludhiana is transferred to a Court of competent jurisdictio n at Malerkotla.

¶40

b) The ld. District Jud g e, Ludhiana is directed to transfer complete r ecord pertaining to the aforesaid case to Dist r ict Judge, Malerkotla. c) The parties are dir e cted to appear before the District & Sessio n s Judge, Malerkotla on 16.6.2026. d) The District Judge, Malerkotla will assign the said petition to the Court o f competent jurisdiction. 9. The concerned Court at Malerkotla will make all

¶41

endeavo u r to refer the case before the Mediation and Conciliation

¶42

VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document

¶43

5

¶44

TA-356-2026 (O & M)

¶45

Centre f o r exploring the possibility o f some amicable settlement between t he parties.

¶46

The Court concerned, whe r e the litigation is pending between the parties, will accommodate them with one date in one calendar m onth.

¶47

However, liberty is granted to the respondent to revive this petition, if he intends to contest the s a me, provided that:-

¶48

(a) The respondent w i ll clear all arrears of maintenance amount , if any, in terms of any petition filed by the a p plicant either under Section 125 Cr.P.C. or Se c tion 12 of the Domestic Violence Act or Secti o n 24 of the Hindu Marriage Act.

¶49

(b) The respondent will file an affidavit giving undertaking to pay R s.1,000/- per day, to the applicant for attendi n g the Court proceedings at District Courts, Ludh i ana on each and every date of hearing.

¶50

(c) The respondent will bring a demand draft of Rs.25,000/-, drawn in favour of applicant, towards the litigation expen s es to pursue the case at District Ludhiana in case the respondent opts to contest this petition.

¶51

I am supported by the decisions rendered by a Coordinate B ench of this Court in TA No. 1315/2022, Rohini Arora v Nitin Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet Singh ; and TA No. 1323 of 2022, Usha Rani v Karmajit Singh.

¶52

VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document

¶53

6

¶54

TA-356-2026 (O & M)

¶55

As already noticed above, since the petition is being disposed of without issuing notice to th e respondent, accordingly, in these pe c uliar circumstances, in order t o ensure appearance of the parties before the District Judge, Mal e rkotla on 16.6.2026, it is directed t hat a copy of this order be se n t to the respondent through registere d post, besides sending a copy of this order to the District Judges c o ncerned through e-mail. Applicant through her counsel, present i n the Court, is directed to ensure her appearance accordingly. Disposed of. Pending application(s), if an y , stands disposed of.

¶56

May 15, 2 026 ( NIDHI GUPTA ) Vijay Asija JUDGE

¶57

Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

¶58

VIJAY ASIJA 2026.05.18 19.12 I attest to the accuracy and integrity of this document

Jasvir Kaur v. Anmol Rattan

Case brief

What is this about?

What did the court decide?

Jasvir Kaur v. Anmol Rattan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kajal Vs Rajat Chawla

Sumanpreet Kaur Vs Gurpiar Singh

Kulwinder Kaur Vs Hargopal Singh

Mukesh Kumar Garg Vs Anita Goyal

Ramandeep Kaur Vs Jagseer Singh

Joginder Singh and Another Vs Hari Singh and Others