TA No.304 of 202 201 IN THE HIGH COURT OF PUNJAB AND HARYANA Deepa Vs Sooraj @ Suraj CORAM: HON'BLE MR. JUSTICE Present: Mr. for the applicant/petitioner. None for the respondent. HARKESH MANUJA, J. (Oral) The applicant petition bearing Section 9 of the Hindu Marriage Act, 1955 ( “petition”) at the instance of respondent learned Principal Judge, Family Court, the Court of competent jurisdiction [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on daughter and Himanshu aged about 05 years; were discord between the parties, the above mentioned petition came to be 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: 22 Vs raj @ Suraj HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Digvijay Nagpal, Advocate for the applicant/petitioner. None for the respondent. **** HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present case, seeks transfer of petition bearing No. DMC/685/2025, titled “ of the Hindu Marriage Act, 1955 ( ) at the instance of respondent learned Principal Judge, Family Court, Talwandi Sabo, District Bathinda competent jurisdiction at Malout, District Sri Muktsar Sahib Briefly stating, the marriage between the petitioner and respondent was solemnized on 11.02.2016 daughter and one son, namely, Monika, aged about 08 years Himanshu aged about 05 years; were born; on account of matrimonial discord between the parties, the above mentioned petition came to be IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 304 of 2026 (O&M) 22.07.2026 ......Petitioner …..Respondent HARKESH MANUJA wife, by way of present case, seeks transfer of , titled “Sooraj Vs. Deepa”, filed under of the Hindu Marriage Act, 1955 (hereinafter to be referred as ) at the instance of respondent-husband; from the Court of Talwandi Sabo, District Bathinda at Malout, District Sri Muktsar Sahib. Briefly stating, the marriage between the petitioner and 11.02.2016; out of their wedlock, one Monika, aged about 08 years and born; on account of matrimonial discord between the parties, the above mentioned petition came to be 1 wife, by way of present case, seeks transfer of , filed under hereinafter to be referred as husband; from the Court of Talwandi Sabo, District Bathinda to Briefly stating, the marriage between the petitioner and one and born; on account of matrimonial discord between the parties, the above mentioned petition came to be SANJAY GUPTA 2026.07.24 13:29 I attest to the accuracy and integrity of this document TA No.304 of 202 preferred at the instance of respondent application seeking transfer thereof came to [3] Learned counsel for the applicant, applicant is residing at her parental home at is made for transfer of the above mentioned petition filed at the instance o respondent-husband from Family Court, to the Court of competent jurisdiction at Malout, District Sri Muktsar Sahib [4] Despite service through counsel before the learned trial Court, no one has chosen to appear [5] I have heard learned counsel for the applicant/ petitioner and gone through the paper [6] In the present case, admittedly, the applicant petition bearing No. COMA/55/2025 Women from Domestic Violence Act, 2005 Divisional Judicial Magistrate, Malout [7] As per the averments made in the present transfer application, the applicant-wife is residing with her parents and has no independent source of income. is suffering from cancer. [8] Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan “2019 (13) SCC 660” connected matrimonial proceedings should ordinarily be heard by the same 2026 preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to Learned counsel for the applicant, applicant is residing at her parental home at is made for transfer of the above mentioned petition filed at the instance o husband from Family Court, Talwandi Sabo, District Bathinda to the Court of competent jurisdiction at Malout, District Sri Muktsar Sahib Despite service through counsel before the learned trial Court, no one has chosen to appear on behalf of the respondent I have heard learned counsel for the applicant/ petitioner and gone through the paper-book. In the present case, admittedly, the applicant bearing No. COMA/55/2025 under Women from Domestic Violence Act, 2005, Divisional Judicial Magistrate, Malout. As per the averments made in the present transfer application, wife is residing with her parents and has no independent urce of income. Moreover, she also has to look after her minor son, who is suffering from cancer. Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan Versus Vishal Singh Chouhan 2019 (13) SCC 660” held that in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife. Learned counsel for the applicant, inter alia, contends that the applicant is residing at her parental home at Malout. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance o Talwandi Sabo, District Bathinda to the Court of competent jurisdiction at Malout, District Sri Muktsar Sahib Despite service through counsel before the learned trial Court, of the respondent. I have heard learned counsel for the applicant/ petitioner and In the present case, admittedly, the applicant-wife has filed a under Section 12 of the Protection , before the Court of learned Sub As per the averments made in the present transfer application, wife is residing with her parents and has no independent Moreover, she also has to look after her minor son, who Furthermore, the Hon’ble Supreme Court in the case of Vishal Singh Chouhan, reported as held that in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same 2 husband. Thereupon, the present wife. , contends that the . Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of Talwandi Sabo, District Bathinda to the Court of competent jurisdiction at Malout, District Sri Muktsar Sahib. Despite service through counsel before the learned trial Court, I have heard learned counsel for the applicant/ petitioner and wife has filed a Section 12 of the Protection of Sub As per the averments made in the present transfer application, wife is residing with her parents and has no independent Moreover, she also has to look after her minor son, who Furthermore, the Hon’ble Supreme Court in the case of reported as held that in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same SANJAY GUPTA 2026.07.24 13:29 I attest to the accuracy and integrity of this document TA No.304 of 202 Court and accordingly, allowed the transfer application therein. Relevant paragraphs No.3 to 5 thereof are extracted hereunder: “3. 4. 5. [9] Considering the aforesaid facts and circumstances, in the humble opinion of this Protection of Women from Domestic Violence Act, bearing COMA No.55/2025, filed at the instance of applicant is pending at Malout, therefore, it would be in the interest of both the parties that all their cases be heard together [10] Consequently, the transfer application is petition under Section “Sooraj Vs. Deepa from the Court of District Bathinda 2026 Court and accordingly, allowed the transfer application therein. Relevant paragraphs No.3 to 5 thereof are extracted hereunder: 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 t 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. 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. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal” Considering the aforesaid facts and circumstances, in the humble opinion of this Court since a case under Section 12 of the Protection of Women from Domestic Violence Act, bearing COMA No.55/2025, filed at the instance of applicant is pending at Malout, it would be in the interest of both the parties that all their cases heard together at the same place. Consequently, the transfer application is petition under Section 9 of the Hindu Marriage Act i.e. Sooraj Vs. Deepa”, filed by the respondent from the Court of learned Principal Judge, Family Court, District Bathinda to the Court of competent jurisdiction at Malout, District Sri Court and accordingly, allowed the transfer application therein. Relevant paragraphs No.3 to 5 thereof are extracted hereunder:- 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, We are of the view that it will be in the interests of both s that all their cases be heard together by the Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal” Considering the aforesaid facts and circumstances, in the since a case under Section 12 of the Protection of Women from Domestic Violence Act, bearing COMA No.55/2025, filed at the instance of applicant is pending at Malout, it would be in the interest of both the parties that all their cases Consequently, the transfer application is allowed and the of the Hindu Marriage Act i.e. DMC/685/2025, titled filed by the respondent-husband, stands transferred learned Principal Judge, Family Court, Talwandi Sabo, competent jurisdiction at Malout, District Sri 3 Court and accordingly, allowed the transfer application therein. Relevant 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 he 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, We are of the view that it will be in the interests of both s that all their cases be heard together by the Therefore, H.M.A. Case No.71/2016 is transferred from Considering the aforesaid facts and circumstances, in the since a case under Section 12 of the Protection of Women from Domestic Violence Act, bearing COMA No.55/2025, filed at the instance of applicant is pending at Malout, it would be in the interest of both the parties that all their cases and the , titled husband, stands transferred Talwandi Sabo, competent jurisdiction at Malout, District Sri SANJAY GUPTA 2026.07.24 13:29 I attest to the accuracy and integrity of this document TA No.304 of 202 Muktsar Sahib Family Court, Talwandi Sabo [11] Pending miscellaneous application(s), if any, shall also stand disposed of. 22.07.2026 sanjay Whether speaking/reasoned Whether reportable 2026 Muktsar Sahib. The requisite record of the aforesa Talwandi Sabo to the Family Court at Pending miscellaneous application(s), if any, shall also stand Whether speaking/reasoned Whether reportable The requisite record of the aforesaid case be sent by the to the Family Court at Malout. Pending miscellaneous application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Yes/No Yes/No 4 id case be sent by the Pending miscellaneous application(s), if any, shall also stand SANJAY GUPTA 2026.07.24 13:29 I attest to the accuracy and integrity of this document