TA-1126-2024 (O&M) --1-- 289 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-1126-2024 (O&M) Decided on:-14.07.2026 Shamma ….Applicant. vs. Rahul Kataria ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Sushil Jain, Advocate for the applicant. Mr. Nikhil Vats, Advocate for the respondent. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of petition titled as “Rahul Kataria vs. Shamma” filed under Section 13(1) (ia) (ib) of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) for dissolution of marriage at the instance of respondent- husband; from the Court of learned Principal Judge, Jhajjar to the competent Court of jurisdiction at Sonipat. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 02.12.2019; on account of matrimonial discord between the parties, the above mentioned petition under Section 13(1) (ia) (ib) of the 1955 Act, came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife. 3. Learned counsel for the applicant, inter alia, contends that the applicant-wife has also filed a petition under Section 9 of the 1955 Act, SONIKA 2026.07.15 17:59 I attest to the accuracy and authenticity of this document TA-1126-2024 (O&M) --2-- which is pending before the ld. Family Court, Sonipat. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Jhajjar to Family Court, Sonipat. 4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made in the present application. 5. I have heard learned counsel for the parties and gone through the paper-book. 6. In the present case, admittedly, the applicant-wife has filed petition under Section 9 of the 1955 Act, which is pending adjudication before the competent Court of jurisdiction at Sonipat. 7. As per the averments made in the present transfer application, the applicant-wife has no independent source of income and is solely dependent upon the mercy of her parents. 8. 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.” 9. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since a petition under Section 9 of the 1955 Act is SONIKA 2026.07.15 17:59 I attest to the accuracy and authenticity of this document TA-1126-2024 (O&M) --3-- pending before the ld. Family Court, Sonipat, 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 13(1) (ia) (ib) of the 1955 Act, titled “Rahul Kataria vs. Shamma”, filed by the respondent-husband, stands transferred from the Family Court, Jhajjar, to the Family Court of competent jurisdiction at Sonipat. The requisite record of the aforesaid case be sent by the Family Court, Jhajjar to the Court concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed off. 14.07.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.15 17:59 I attest to the accuracy and authenticity of this document