Ginny Verma v. Vinod Kumar Verma
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.103 (2 cases) Date of Decision: 22.08.2025 1.
TA-787-2024 GINNY VERMA ....Applicant
Versus
VINOD KUMAR VERMA .....Respondent 2.
TA-952-2024 GINNI VERMA ....Applicant
Versus
RAGHBIR KUMAR VERMA AND OTHERS .....Respondents
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Ruhani Chadha, Advocate for the applicant (in both the cases).
Mr. Deepak Malhotra, Advocate for the respondent(s) (in both the cases).
***** ARCHANA PURI, J. (Oral) These are two applications, filed by the applicant/wife, for seeking transfer of the litigation, pending between the parties to the lis, arising from their matrimonial dispute.
TA-787-2024 has been filed by the applicant-wife for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e.
HMA/3114/2021, titled 'Vinod Kumar Verma Vs. Ginni Verma', filed by the respondent-husband.
TA-952-2024 has been filed by the applicant-wife for seeking transfer of the civil suit i.e. CS/113/2024, titled 'Raghbir Kumar Verma and another Vs. Ginni Verma and others', filed by respondents No.1 and 2. Both the aforesaid cases are pending in the Courts at Ludhiana and the applicant is seeking transfer of the same to the Court of competent jurisdiction at Jalandhar.
In pursuance of the notice issued, contesting respondent(s) made appearance through counsel in both the applications. However, the counsel has filed reply only in TA-787-2024 and he submits that he does not intend to file separate reply in TA-952-2024. Further, he submits that the reply filed in TA-787-2024 be considered as reply in the subsequent transfer application.
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 15.10.2010. One daughter born from the said wedlock, who is about 11 years old, is in the care and custody of the respondent-husband, at present. In fact, it is submitted that the girl child was forcibly snatched from the applicant. On account of the matrimonial dispute, the applicant, who is not having any source of earning, has also filed the petition under Section 125 Cr.P.C., as well as the petition under the Protection of Women from Domestic Violence Act, which are pending in the Courts at Jalandhar. Both the said cases are pursued by the respondent. In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of
about 65 kilometres, to defend the divorce petition, filed by the respondent as well as the civil suit, filed by her parents-in-law. On the other hand, the counsel for the respondent, while making reference to the reply, submits that there is one daughter born from the wedlock of the parties, who is about 11 years old and is a student of 6th class, at present. She is in the care and custody of the respondent. There is no other person, to take care of the child. The parents of the respondent have already died. In the given circumstances, a prayer is made for dismissal of the transfer application.
In view of the submissions aforesaid, it is pertinent to mention that generally, the Courts consider the convenience of the wife, while dealing with the transfer application relating to the matrimonial dispute. The same, though, may not be a thumb rule, but however, the other circumstances, spelt out from the material brought on record, also ought to be taken into consideration. In the case in hand, the daughter born from the wedlock of the parties, is about 11 years old, which in itself, is a weighing factor to consider the transfer application. However, simultaneously, it ought to be taken into consideration that two other cases, arising from the matrimonial dispute, are already pending in the Courts at Jalandhar and the same are pursued by the respondent.
The cases, which are sought to be transferred, are also of civil nature, which do not call for presence of the respondent(s), on each and every date of hearing. In view of the aforesaid fact situation and weighing the convenience/inconvenience of both the sides, it would be just and expedient if the transfer applications i.e.
where already two cases arising from this matrimonial dispute are already pending. Accordingly, it is so ordered. The petition under Section 13 of the Hindu Marriage Act i.e. HMA/3114/2021, titled 'Vinod Kumar Verma Vs. Ginni Verma', as well as the civil suit i.e. CS/113/2024, titled 'Raghbir Kumar Verma and another Vs. Ginni Verma and others', stand transferred from the Courts at Ludhiana to the Court of competent jurisdiction at Jalandhar. The requisite record of the aforesaid cases be sent by the Courts concerned at Ludhiana, to the District and Sessions Judge, Jalandhar. Learned District and Sessions Judge, Jalandhar, shall assign the said cases to Courts of competent jurisdiction at Jalandhar. Even, the parties are directed to appear before the concerned Court, within a period of one month from today onwards.
However, considering the daughter to be in the custody of the respondent, the respondent always has an option to file an application for making appearance before the Court concerned, as and when required, through virtual mode and upon filing of such application, the Court concerned shall consider the same, in the fitness of circumstances and pass an appropriate order.
(ARCHANA PURI) 22.08.2025 JUDGE Himanshu Whether speaking/reasoned :
Yes Whether reportable :
Yes/No