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High Court of Punjab and Haryana · body

1955 DAILYLAW 42 (PNJ)

KHUSHBOO ALIAS VANSHIKA v. CHAHAT DHIR

TA/759/2026 · 2026-08-18

Harkesh Manuja

body1955

Judgment text

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1 103 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH KHUSHBOO ALIAS VANSHIKA CHAHAT DHIR CORAM: HON'BLE MR. JUSTICE Present: Mr. Imran Farooqi, None for the respondent. HARKESH MANUJA 1. The applicant of petition bearing Khushboo.”, filed under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as husband; from the Court of learned Sangrur, Camp Court at Dhuri Malerkotla. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on namely, Aaliya parties, the above mentioned petition came to be preferred at the instance of respondent seeking transfer thereof came to be filed by the applicant 3. Learned counsel for the applic applicant-wife is residing Accordingly, a prayer is made for transfer of the above mentioned petition IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: KHUSHBOO ALIAS VANSHIKA Versus CHAHAT DHIR HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Imran Farooqi, Advocate for the None for the respondent. **** HARKESH MANUJA, J. (ORAL) The applicant-wife, by way of present application, seeks transfer of petition bearing No. HMA/48/2026, titled filed under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’) at the instance of respondent husband; from the Court of learned Addl. Principal Judge, Family Court, p Court at Dhuri to the Court of competent jurisdiction at Briefly stating, the marriage between the applicant and respondent was solemnized on 16.01.2016; out of their wedlock, a female child Aaliya was born; on account of matrimon parties, the above mentioned petition came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant Learned counsel for the applicant, inter alia wife is residing at her parental home at Accordingly, a prayer is made for transfer of the above mentioned petition TA-759-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-759-2026 (O&M) Date of Decision: AUGUST 18, 2026 ........Applicant ........Respondent HARKESH MANUJA Advocate for the applicant. wife, by way of present application, seeks transfer HMA/48/2026, titled “Chahat Dhir Vs. filed under Section 9 of the Hindu Marriage Act, 1955 at the instance of respondent- Addl. Principal Judge, Family Court, the Court of competent jurisdiction at Briefly stating, the marriage between the applicant and respondent ; out of their wedlock, a female child was born; on account of matrimonial discord between the parties, the above mentioned petition came to be preferred at the husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife. inter alia, contends that the her parental home at Malerkotla. Accordingly, a prayer is made for transfer of the above mentioned petition (O&M) AUGUST 18, 2026 wife, by way of present application, seeks transfer Chahat Dhir Vs. filed under Section 9 of the Hindu Marriage Act, 1955 - Addl. Principal Judge, Family Court, the Court of competent jurisdiction at Briefly stating, the marriage between the applicant and respondent ; out of their wedlock, a female child ial discord between the parties, the above mentioned petition came to be preferred at the husband. Thereupon, the present application , contends that the . Accordingly, a prayer is made for transfer of the above mentioned petition TEJWINDER SINGH 2026.08.24 15:09 I agree to specified portions of this document 2 TA-759-2026 (O&M) filed at the instance of respondent-husband from learned Additional Principal Judge, Family Court, Sangrur, Camp Court at Dhuri to Court of competent jurisdiction at Malerkotla. 4. On the other hand, despite service no one has appeared on behalf of respondent No.1-husband. 5. I have heard learned counsel for the applicant and gone through the paper-book. 6. In the present case, admittedly, the applicant-wife has filed a petition under Section 13 of Hindu Marriage Act, 1955 for dissolution of marriage which is pending adjudication before the learned Family Court at Malerkotla. Besides it, the applicant-wife does not possess any independent source of income. 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 that, in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and, accordingly, allowed the transfer application therein. Relevant paragraphs No. 3 to 5 thereof are reproduced hereunder:- “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 13 of the Hindu Marriage Act, 1955 is pending adjudication at Malerkotla, therefore, it TEJWINDER SINGH 2026.08.24 15:09 I agree to specified portions of this document 3 TA-759-2026 (O&M) would be in the interest of both the parties that all their cases be heard together at the same place. Consequently the transfer application is allowed and the petition bearing No. HMA/48/2026, titled “Chahat Dhir Vs. Khushboo.”, filed at the instance of respondent-husband, stands transferred from the Court of learned Addl. Principal Judge, Family Court, Sangrur, Camp Court at Dhuri to the Court of competent jurisdiction at Malerkotla. The requisite record of the aforesaid case be sent by the learned Family Court, Sangrur to the Court concerned. 9. Pending miscellaneous application(s), if any, shall also stand disposed of. 18.08.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No TEJWINDER SINGH 2026.08.24 15:09 I agree to specified portions of this document