1 155 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AARTI DALIP KUMAR CORAM: HON'BLE MR. JUSTICE Present: Mr. Mr. Hardik Ahluwalia, Advocate for HARKESH MANUJA [1] The petitioner bearing HMA No. 9 of the Hindu Marriage Act, 1955 at the instance of respondent the Court of learned Pri Court of learned Principal Judge, Family Court, [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on 07.02.2025 was born on 23.10.2025 parties, the above mentioned petition came to be preferred at the instance of respondent-husband. thereof came to be filed by t [3] Learned counsel for the petitioner, inter alia, contends that the petitioner wife has also filed before the Court of learned Principal Judge, Family Court, Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent Fatehgarh Sahib [4] Learned counsel for the respondent vehemently opposes the prayer made on behalf of the petitioner. [5] I have heard learned counsel for the paper-book. [6] As per the averments in the transfer application, the distance be Fatehgarh Sahib petitioner, despite having no source of income, is IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: Versus DALIP KUMAR HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Vaibhav Narang, Advocate for the Mr. Hardik Ahluwalia, Advocate for **** HARKESH MANUJA, J. (ORAL) The petitioner-wife, by way of present application, seeks transfer of case bearing HMA No. 5 of 2026, titled “Dalip Kumar of the Hindu Marriage Act, 1955 at the instance of respondent the Court of learned Principal Judge, Family Court, Court of learned Principal Judge, Family Court, Amritsar Briefly stating, the marriage between the petitioner and respondent was 07.02.2025; out of their wedlock, a 23.10.2025; on account of matrimonial discord between the parties, the above mentioned petition came to be preferred at the instance of husband. Thereupon, the present application seeking transfer came to be filed by the petitioner-wife. Learned counsel for the petitioner, inter alia, contends that the petitioner wife has also filed a petition under Section 144 BNSS for grant of maintenance before the Court of learned Principal Judge, Family Court, ingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent- Fatehgarh Sahib to Family Court, Amritsar. Learned counsel for the respondent vehemently opposes the prayer made on behalf of the petitioner. I have heard learned counsel for the petitioner As per the averments in the transfer application, the distance be Fatehgarh Sahib and Amritsar is approximately 205 petitioner, despite having no source of income, is TA-303-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-303-2026 Date of Decision: July 08, 2026 ........Petitioner ........Respondent HARKESH MANUJA Advocate for the petitioner. Mr. Hardik Ahluwalia, Advocate for the respondent. wife, by way of present application, seeks transfer of case Dalip Kumar Vs. Aarti”, filed under Section of the Hindu Marriage Act, 1955 at the instance of respondent-husband; from ncipal Judge, Family Court, Fatehgarh Sahib to the Amritsar. Briefly stating, the marriage between the petitioner and respondent was ; out of their wedlock, a girl child namely, Radha, ; on account of matrimonial discord between the parties, the above mentioned petition came to be preferred at the instance of , the present application seeking transfer Learned counsel for the petitioner, inter alia, contends that the petitioner- a petition under Section 144 BNSS for grant of maintenance before the Court of learned Principal Judge, Family Court, Amritsar. ingly, a prayer is made for transfer of the above mentioned divorce -husband from Family Court, Learned counsel for the respondent vehemently opposes the prayer petitioner and gone through the As per the averments in the transfer application, the distance between and Amritsar is approximately 205 kilometers and the petitioner, despite having no source of income, is bound to travel this distance 2026 July 08, 2026 Petitioner wife, by way of present application, seeks transfer of case ”, filed under Section husband; from to the Briefly stating, the marriage between the petitioner and respondent was , ; on account of matrimonial discord between the parties, the above mentioned petition came to be preferred at the instance of , the present application seeking transfer - a petition under Section 144 BNSS for grant of maintenance . ingly, a prayer is made for transfer of the above mentioned divorce husband from Family Court, Learned counsel for the respondent vehemently opposes the prayer and gone through the tween he to travel this distance TEJWINDER SINGH 2026.07.14 16:22 I agree to specified portions of this document 2 TA-303-2026 for hearing along with her minor daughter thereby causing her immense inconvenience. [7] Furthermore, the Hon’ble Supreme Court in its decision rendered in “Manjula Singh Chouhan Versus Vishal Singh Chouhan”, reported as 2019 (13) SCC 660 held as follows: “3. As per the submission of the appellant, two cases are already pending in Family Court, Bhopal, and it will be in the interests of both the parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family Court, Bhopal. 4. We are of the view that it will be in the interests of both the parties that all their cases be heard together by the same Court. 5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.” [8] Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since a petition under Section 144 BNSS for grant of maintenance is pending adjudication at Amritsar, therefore, it would be in the interest of both the parties that all their cases be heard together by the same Court. Consequently the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/5/2026, titled “Dalip Kumar Vs. Aarti”, filed by the respondent-husband, stands transferred from the Family Court, Fatehgarh Sahib to the Court of competent jurisdiction at Family Court, Amritsar. The requisite record of the aforesaid case be sent by the Family Court, Fatehgarh Sahib to the Court concerned. [9] Pending miscellaneous application(s), if any, shall also stand disposed of. 08.07.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No TEJWINDER SINGH 2026.07.14 16:22 I agree to specified portions of this document