Veenal Gupta v. Ankit Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.109 Date of Decision: 09.09.2025 VEENAL GUPTA ....Applicant

Versus

ANKIT KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Vivek Aggarwal, Advocate for the applicant.

Mr. Vivek Suri, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) CM-16467-CII-2025 The present application has been filed at the behest of the respondent, for placing on record reply to the transfer application. In view of the averments made in the application, same is allowed and the requisite reply is taken on record. M ain case 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/183/2025, titled 'Ankit Kumar Vs. Veenal Gupta', filed by the respondent-husband, pending in the Family Court, Jind and she seeks transfer of the same to the Court of competent jurisdiction at Yamuna Nagar

at Jagadhri.

Upon notice issued, the respondent made appearance through counsel and filed 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 to the lis, had taken place on 09.12.2020, but no child was born from the said wedlock. However, both the parties are working in Multi-National Companies. It is submitted that even though, at the time of filing of the application, it was asserted about the applicant to be working at Noida, but now, she is stated to be working at Gurugram. There is no other litigation between the parties. In the given circumstances, it is submitted that the applicant is conducting her work from home and she herself is residing at Yamuna Nagar, which is her parental place. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 150 kilometres, to defend the divorce petition.

On the other hand, counsel for the respondent, while making reference to the reply, submits that the applicant has concealed the material fact. In fact, she is a well-educated woman, who is employed in MultiNational Company, Admiral India, Sector 59 Gurugram and having an experience of about 9 years. During the course of her duty, she also travels abroad. More specifically, counsel for the respondent has pointed out that the applicant has travelled to 'United Kingdom', in the month of May, 2025. As per policy of the company of applicant, she is required to travel to Gurugram, twice a week, for her office work. Considering the same, it is submitted that if the applicant is in a position to pursue her job and proceed

to Gurugram for 2 days in a week, there should not be any difficulty faced by the applicant, while pursuing the litigation, which is pending at Jind. In fact, it is submitted that the distance between Gurugram and Jind is about 150 kilometres and the similar extent of distance is between Jind and Yamuna Nagar. In the given circumstances, it is submitted that the transfer application be dismissed.

At this stage, counsel for the applicant has submitted that the applicant has danger to her life, at the instance of the respondent, if the case remains pending at Jind.

In view of the submissions aforesaid, it is pertinent to note that generally, the Courts lean towards convenience of wife, while considering the transfer application relating to the matrimonial dispute. However, the same is not a thumb rule. Various other circumstances, spelt out from the material brought on record, ought to be taken into consideration. In the case in hand, the applicant is a well-educated and qualified lady. She is a working woman and her work experience is about 9 years, which fact has been admitted by counsel for the applicant. Also, as asserted in the reply, counsel for the applicant has admitted that the applicant goes abroad, off and on, with regard to her office duties.

Such being the circumstances, when the applicant is professionally qualified and is working for the last 9 years, she is bound to be mobile, though may be on account of discharge of her official duties, but the fact remains that she has the capacity to move around and thus, is a confident woman, who can very well take care of the litigation, wherever it remains pending.

workplace i.e. Gurugram, as Jind is equi-distant from Gurugram, as well as Yamuna Nagar.

Considering the aforesaid circumstances, more particularly, when the applicant has an option to file an application for making appearance before the Court concerned, as and when required, through virtual mode, no inconvenience is evidently made out, so far as transfer application is concerned, in pursuing the litigation aforesaid. Hence, the transfer application is hereby dismissed. However, if any application is filed by the applicant for seeking permission to appear through virtual mode, the Court concerned shall consider the same, in the fitness of circumstances and pass an appropriate order.

(ARCHANA PURI) 09.09.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No