P&H: Transfer Petition: Declines Wife’s Plea To Transfer Husband’s Suit; Notes Husband Has Custody Of Two Minors

punjab-haryana
⚖️ Order Date: 13 May 2026
Headnotes

Civil Procedure Code, 1908, S.24 — Transfer of matrimonial proceedings — Wife’s convenience — Where husband has sole care and custody of two minor children at the place of the pending case and the wife, living with her father and brother, discloses no cogent reason...

 


Facts of the Case

P&H: Transfer Petition: Declines Wife’s Plea To Transfer Husband’s Suit; Notes Husband Has Custody Of Two Minors

The Punjab and Haryana High Court has refused to transfer from Hisar to Gurugram a matrimonial suit filed by a husband seeking dissolution of Nikah under Mohammedan Law. 

The wife sought transfer citing the 185 km distance between Hisar and Gurugram, her inability to travel without support from her father and brother, and the pendency of related proceedings in Gurugram — a Section 125 CrPC case, a domestic violence complaint, and an FIR.

Appearing in person, the husband opposed the plea, stating that the couple’s two minor children, aged 11 and 8, were in his sole care and custody at...

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