[Cites 7, Cited by 0]
Punjab-Haryana High Court
Roohi Babbar vs Suresh Babbar on 12 March, 2026
Author: Archana Puri
Bench: Archana Puri
1
TA-902-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.113
TA-902-2025
Date of Decision: 12.03.2026
ROOHI BABBAR
....Applicant
Versus
SURESH BABBAR
.....Respondent
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present:- Applicant-in-person, along with
Mr. D.K. Prajapati, Advocate.
Respondent-in-person, along with
Mr. Vivek K. Thakur, Advocate.
*****
ARCHANA PURI, J. (Oral)
In consonance with the order dated 26.02.2026, the parties have
made appearance in person. An effort was made for amicable settlement
between the parties, but however, after having some interaction with both the
parties, it is evident that there cannot be any amicable settlement of either
living together or separation.
In the given circumstances, there is no other option, but to
decide the present application, on merits.
The applicant-wife has filed the present application for seeking
transfer of the petition dated 25.01.2022 registered as GW-19-2022, titled
TA-902-2025
'Roohi Babbar Vs. Suresh Babbar', filed at her instance, pending in the
Family Court, Jalandhar and she seeks transfer of the same to the Court of
competent jurisdiction at SAS Nagar, Mohali.
In pursuance of notice issued, the respondent made appearance
through counsel and filed reply.
Counsel for the parties heard.
At the very outset, it is submitted by learned counsel for the
applicant that marriage between the parties to the lis had taken place on
21.04.2014. One son born from the said wedlock, who is about 11 years old
at present, is in the care and custody of the respondent. Unfortunately,
matrimonial dispute arose between the parties, as a result whereof, both the
parties are entangled in various litigation. It is further submitted by counsel
for the applicant that even though, the applicant is a post-graduate and has
also done B.Ed., but however, she is not having any source of earning. She
had also filed petition under Section 125 Cr.P.C., which is pending in the
Courts at SAS Nagar and the respondent is making appearance in the same.
Besides the same, counsel submits that applicant had also filed
petition under Section 12 of the Protection of Women from Domestic
Violence Act, which is pending in the Courts at Jalandhar. Even, the
respondent is facing trial in the Courts at Jalandhar, relating to FIR bearing
No.29 dated 15.03.2021, under Sections 406, 498-A IPC, got lodged by the
applicant at Women Police Station, Jalandhar. The applicant had also filed
CRM-M-35066-2025 and CRM-M-35074-2025, for seeking transfer of the
petition under the Protection of Women from Domestic Violence Act, as well
TA-902-2025
as the criminal trial, to the Court of competent jurisdiction at SAS Nagar,
Mohali. The distance between the two places is stated to be about 142 Kms.
Besides the aforesaid, further counsel for the applicant submits
that in the guardianship petition, visitation rights have been granted to the
applicant, by the Court and twice a week, she proceeds to Jalandhar to meet
the child, who is 11 years old. In the given circumstances, when she is not
having any source of earning and there is no one to accompany her, as her
parents are aged, she is finding it difficult to have interaction with the child,
as per the visitation rights granted to her. Counsel for the applicant also
submits that earlier the respondent had filed divorce petition in Jalandhar
and relating to the same, the applicant had filed TA-222-2022 and the same
was allowed vide order dated 20.09.2022, copy whereof is Annexure P-2.
However, after passing of the order, the said divorce petition had since been
withdrawn by the respondent.
On the other hand, counsel for the respondent, while making
reference to the reply, submits that the minor child is with the respondent
and he is taking care of the child, for the last six years, since the parties are
residing separate. Also, it is submitted that applicant herself had filed
petition under the Guardian and Wards Act, at Jalandhar. Even, the petition
under Protection of Women from Domestic Violence Act is pending in the
Courts at Jalandhar. Moreover, the respondent is facing criminal trial in the
Courts at Jalandhar. Keeping in view the same, it is in interest of both the
parties that if the litigation under Guardian and Wards Act, also remains
TA-902-2025
pending at Jalandhar, more particularly, when the applicant is already
making compliance of the visitation rights granted by the concerned Court.
Further also, counsel for the respondent has given an offer for
seeking separation and to secure the life of the applicant financially, but
however, the applicant had not agreed for the said offer.
In view of the submissions aforesaid, it is pertinent to mention
that while adjudicating on the transfer application, relating to the
matrimonial dispute, various factors ought to be taken into consideration.
Here, the most weighing and relevant factor is about the child, born from
this broken marriage, who is 11 years old. The said male child is in the
custody of the respondent, for the last six years, since his parents are
residing separate. When there is a child born from the estranged marriage, it
is essential to take note of, as to which spouse is having the custody of the
child and also about the capacity of the said spouse to raise the child.
However, the same is not a thumb rule. Various other factors also ought to be
taken into consideration.
In the case in hand, the applicant is not having any source of
earning, though, she is an educated woman. As noted aforesaid, the
applicant is also availing visitation rights and for this reason, she goes to
Jalandhar from SAS Nagar, twice a week, to meet her child. Relating to the
same, there is no dispute between the parties, about the visits so made by the
applicant. Definitely, it is an arduous journey for the mother to have
interaction with the child, in such a manner, more particularly, considering
TA-902-2025
the distance between the two places and also about her not having any
independent source of earning.
So far as, other litigation is concerned, as submitted by counsel
for the applicant, already, applications for seeking transfer of the criminal
trial as well as petition under Protection of Women from Domestic Violence
Act, have been filed by the applicant, which are pending before the
Coordinate Bench dealing with the transfer petitions of criminal cases.
Even, petition under Section 125 Cr.P.C. is pending at SAS Nagar, Mohali
and the respondent has joined the proceedings, in the same. So far as, child
is concerned, he is not of such an age, which calls for presence of either
parent all the time, to take care of him.
Considering the aforesaid fact situation, this Court deems it
appropriate, to accept the application. Hence, the transfer application is
allowed and the petition dated 25.01.2022 registered as GW-19-2022, titled
'Roohi Babbar Vs. Suresh Babbar', filed by the applicant-wife, stands
transferred from the Family Court Jalandhar, to the Court of competent
jurisdiction at SAS Nagar, Mohali. The requisite record of the aforesaid
case be sent by the Family Court, Jalandhar to District and Sessions Judge,
SAS Nagar, Mohali.
Learned District and Sessions Judge, SAS Nagar, Mohali, shall
assign the said petition to the Family Court, SAS Nagar, Mohali. Even, the
parties are directed to appear before the Family Court, SAS Nagar, Mohali,
within a period of one month from today onwards.
TA-902-2025
But anyhow, watching the interest of the minor child and role of
the father, while taking care of the child and to minimise the inconvenience,
if any, caused to the respondent, while taking care of the child, the
respondent always have an option to file an application to make appearance
through virtual mode, as and when required. If any such application is filed,
the Court concerned, shall consider the same, in the fitness of circumstances
and pass an appropriate order.
(ARCHANA PURI)
12.03.2026 JUDGE
Himanshu Vats
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
