Punjab & Haryana HC: Matrimonial and Child Custody Cases Transferred to Wife’s Place of Residence for Convenience

Case Name: Neera Aggarwal v. Mohit Aggarwal
Date of Judgment: January 10, 2020
Citation: T.A. No. 659 of 2018 (O&M) and T.A. No. 791 of 2018
Bench: Hon’ble Mr. Justice Arun Monga

Held: The High Court allowed the wife’s transfer applications and ordered that matrimonial proceedings filed by the husband under Section 10 of the Hindu Marriage Act and a custody petition under Section 25 of the Guardian and Wards Act, 1890, pending in Yamuna Nagar, be transferred to Ambala. The Court applied the principle that in matrimonial disputes, the convenience of the wife, who often has custody of the child and limited means, should be prioritized. Reliance was placed on the Supreme Court decision in Sumita Singh v. Kumar Sanjay (AIR 2002 SC 396).

Summary: The applicant-wife sought transfer of two proceedings initiated by her husband at Yamuna Nagar—one under Section 10 of the Hindu Marriage Act for judicial separation, and another under Section 25 of the Guardian and Wards Act for custody—to Ambala, where she resides with her parents and minor child. She contended that she lacked independent income and found it difficult to travel 55–60 km for every hearing.

The Court noted that multiple proceedings between the parties were already pending, including an FIR under Sections 323, 337, 498-A, 406, and 506 IPC registered at Ambala on the wife’s complaint. Considering the multiplicity of litigation, convenience of the wife, and the guiding principle from Supreme Court jurisprudence, the Court found it just and appropriate that all matters be consolidated at Ambala.

Decision: The transfer applications were allowed. Both pending cases in Yamuna Nagar were ordered to be withdrawn and transferred to the District Judge, Ambala, for disposal in accordance with law.