75% disabled woman wins legal battle against husband: Why Punjab and Haryana High Court moved case 75 km closer to her

Higher disability

• It is pertinent to mention that both the wife and the husband are handicapped persons.
• The two children born from the marriage have been separated. 
• The son is in the custody of the father, whereas the daughter is in the custody of the mother. 
• Considering the transfer application relating to the matrimonial dispute, the courts consider various factors, such as the child born from the wedlock of the parties, the capacity of the spouse to look after the child, and the profession of the spouses.
• Balancing of the convenience/inconvenience of the parties is to be done. 
• Even though both the wife and the husband are handicapped persons, the extent of disability, in the case of the applicant, is greater. 
• Besides the same, another relevant factor to be considered is about a growing female child, to be in the care and custody of the applicant, who herself has no source of earning. 
• Even one other litigation, arising from this broken marriage, is pending in the courts at Kurukshetra, and the same is being pursued by the respondent.
• The transfer application is allowed.

‘Takes care of daughter’

• Advocates Nitin Kumar Sharma and Pawan Attri for the wife submitted that she is a handicapped lady who suffers from 75 per cent of ‘permanent muscular dystrophy’ and holds a Unique Disability ID.
• She is taking care of her minor daughter. 
• The wife had no source of income and was dependent on her parents’ family.
• The applicant has filed a petition under Section 125 (Order for maintenance of wives, children and parents) of CrPC, which is pending before the court in Kurukshetra against the husband, where he has to make apperance.
•  It is difficult for the applicant to commute a distance of about 75 kilometres to defend the petition filed by the husband under Section 9 (Restitution of Conjugal Rights) of the Hindu Marriage Act, particularly while she is taking care of the growing female child.

Husband suffers from 50 per cent disability

• The respondent, through Advocates Nisha Rana and Ashu Rana, submits that even the husband is a handicapped person and he is suffering from 50 per cent disability.
• The counsel has referred to a copy of the Unique Disability ID, placed on record. 
• It is submitted that it shall be difficult for the husband also to pursue the petition under Section 9 of the Hindu Marriage Act, if so transferred.

Backdrop

• The parties got married on March 8, 2007, and had two children, one daughter and one son, from the said wedlock.
• The daughter was in the custody of the mother, and the son was with his father.
• The wife had no source of income and was dependent on her parents’ family.
• A case under Section 125 of CrPC was pending before the court in Kurukshetra against the husband, where he had to make apperance.
• The wife was 75 per cent disabled with ‘permanent muscular dystrophy’, and the husband was handicapped, suffering 50 per cent disability.
• The husband filed a petition under Section 9 of the Hindu Marriage Act, pending in the family court, Derabassi, District SAS Nagar.

Ruling

• The petition under Section 9 of the Hindu Marriage Act filed by the husband stands transferred, the court held on February 27, 2026.
• Considering the fact of husband is also a handicapped person, the court granted him the option to file an application for making an appearance before the Court concerned, as and when required, through virtual mode.