TA No. TA No. TA No. TA No.1188 1188 1188 1188 of of of of 2024 2024 2024 2024 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 326 LAKSHMI SAINI LAKSHMI SAINI LAKSHMI SAINI LAKSHMI SAINI Vs Vs Vs Vs AKASH MEHRA AKASH MEHRA AKASH MEHRA AKASH MEHRA CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE Present: Mr. D.S. Batalvi, Mr. Arshdeep Sandhwalia, Advocate for the applicant. Ms. Navjot Kaur, Advocate for Mr. B.S. Bhalla, Advocate for the respondent. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) 1. The case bearing No. under Section petition’ petition’ petition’ petition’), at the Principal Judge, Court, Pathankot 2. Briefly stating, the marriage between the was solemnized on account of matrimonial discord petition came to be Thereupon, the present applicant-wife. 2024 2024 2024 2024 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH Transfer Application No. ransfer Application No. ransfer Application No. ransfer Application No. Date of Decision: Date of Decision: Date of Decision: Date of Decision: LAKSHMI SAINI LAKSHMI SAINI LAKSHMI SAINI LAKSHMI SAINI AKASH MEHRA AKASH MEHRA AKASH MEHRA AKASH MEHRA HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA Mr. D.S. Batalvi, Advocate and Mr. Arshdeep Sandhwalia, Advocate for the applicant. Ms. Navjot Kaur, Advocate for Mr. B.S. Bhalla, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present No.“HMA/ HMA/ HMA/ HMA/1342 1342 1342 1342/202 /202 /202 /2024,4,4,4, titled “Akash Mehra Vs. Lakshmi Akash Mehra Vs. Lakshmi Akash Mehra Vs. Lakshmi Akash Mehra Vs. Lakshmi under Section 13 of the Hindu Marriage Act, 1955 at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Amritsar to the Pathankot. Briefly stating, the marriage between the was solemnized on 16.01.2023 according to Hindu Rites and ceremonies. account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of , the present application seeking trans IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH ransfer Application No. ransfer Application No. ransfer Application No. ransfer Application No.1188 1188 1188 1188 of of of of 202 202 202 2024444 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 21 21 21 21.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA Mr. Arshdeep Sandhwalia, Advocate wife, by way of present application, seeks transfer of Akash Mehra Vs. Lakshmi Akash Mehra Vs. Lakshmi Akash Mehra Vs. Lakshmi Akash Mehra Vs. Lakshmi Saini Saini Saini Saini””””, filed Marriage Act, 1955 (for short ‘the divorce ‘the divorce ‘the divorce ‘the divorce husband; from the Court of learned Addl. to the learned Principal Judge, Family Briefly stating, the marriage between the applicant and the respondent 16.01.2023 according to Hindu Rites and ceremonies. between the parties, the above mentioned divorce preferred at the instance of the respondent-husband. application seeking transfer thereof came to be filed by the 1 transfer of , filed ‘the divorce ‘the divorce ‘the divorce ‘the divorce Addl. Principal Judge, Family respondent On between the parties, the above mentioned divorce husband. came to be filed by the MOHMED ATIK 2026.07.23 15:02 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1188 1188 1188 1188 of of of of 2024 2024 2024 2024 3. Learned counsel for the applicant-wife is residing a prayer is made for instance of respondent Family Court, Amritsar 4. On the other hand, learned counsel for the opposes the prayer made on behalf of the applicant. 5.... I have heard learned counsel for the paper-book. 6. In the present case, application bearing No.MNT grant of maintenance Court, Pathankot 7. As per the averments made in the present transfer application, the applicant-wife is residing independent source of income. The applicant the litigation charges and travelling expenses financials, she is totally dependent upon her parents. 8. Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan SCC 660 SCC 660 SCC 660 SCC 660”””” held that, in the interest of proceedings should ordinarily be heard by the allowed the transfer application therein. extracted hereunder: 2024 2024 2024 2024 Learned counsel for the applicant wife is residing in her parental home at District Pathankot a prayer is made for transfer of the above mentioned divorce petition filed at the respondent-husband from the Court of learned Amritsar to the learned Principal Judge, Family Court, Pathankot On the other hand, learned counsel for the opposes the prayer made on behalf of the applicant. I have heard learned counsel for the In the present case, admittedly bearing No.MNT125/243/2024 under Section maintenance, which is pending before the learned Principal Judge Pathankot. As per the averments made in the present transfer application, the is residing with her parents at independent source of income. The applicant is facing the litigation charges and travelling expenses in financials, she is totally dependent upon her parents. Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Versus Versus Versus Versus Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, held that, in the interest of both the parties, proceedings should ordinarily be heard by the allowed the transfer application therein. Relevant paragraph nos.3 to 5 are extracted hereunder:- applicant, inter alia, contends that the in her parental home at District Pathankot.... Accordingly, mentioned divorce petition filed at the from the Court of learned Addl. Principal Judge, Principal Judge, Family Court, Pathankot. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. I have heard learned counsel for the parties and gone through the admittedly the applicant-wife has filed under Section 144 of BNSS, 2023 is pending before the learned Principal Judge, Family As per the averments made in the present transfer application, the at District Pathankot and has no is facing great difficulty in bearing in pursuing the said case and for the financials, she is totally dependent upon her parents. Furthermore, the Hon’ble Supreme Court in its decision rendered in Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, reported as “2019 (13) 2019 (13) 2019 (13) 2019 (13) both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and, accordingly, Relevant paragraph nos.3 to 5 are 2 , contends that the Accordingly, mentioned divorce petition filed at the Principal Judge, . respondent vehemently and gone through the wife has filed an for , Family As per the averments made in the present transfer application, the and has no in bearing and for the rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial same Court and, accordingly, Relevant paragraph nos.3 to 5 are MOHMED ATIK 2026.07.23 15:02 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1188 1188 1188 1188 of of of of 2024 2024 2024 2024 “3. pending in Family parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it will suit to the appellant only, therefore, trans may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family 4. that all their cases be heard to 5. Court, Indore to the Family Court, Bhopal. 9. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, grant of maintenance the interest of both the parties that all their cases be heard together place. Consequently the transfer application is under Section 13 Mehra Vs. Lakshmi Saini Mehra Vs. Lakshmi Saini Mehra Vs. Lakshmi Saini Mehra Vs. Lakshmi Saini from the Court of learned learned Principal Judge, Family Court, Pathankot aforesaid case be sent by the concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed of. July July July July 21 21 21 21, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 2024 2024 2024 2024 3. As per the submission of the appel 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, trans may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family 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 an application under Section grant of maintenance is pending adjudication at the interest of both the parties that all their cases be heard together Consequently the transfer application is 13 of the Hindu Marriage Act i.e. Mehra Vs. Lakshmi Saini Mehra Vs. Lakshmi Saini Mehra Vs. Lakshmi Saini Mehra Vs. Lakshmi Saini””””, filed by the respondent from the Court of learned Addl. Principal Judge, Principal Judge, Family Court, Pathankot aforesaid case be sent by the learned Family Court, Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) Whether speaking/reasoned Yes/No Whether reportable Yes/No As per the submission of the appellant, two cases are already 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, trans 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 gether 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 under Section 144 of BNSS, 2023 pending adjudication at Pathankot, therefore, it would be in the interest of both the parties that all their cases be heard together at the same Consequently the transfer application is allowed allowed allowed allowed and the divorce petition of the Hindu Marriage Act i.e. “HMA/1342/2024, HMA/1342/2024, HMA/1342/2024, HMA/1342/2024, titled “Akash Akash Akash Akash filed by the respondent-husband, stands transferred Principal Judge, Family Court, Amritsar to the Principal Judge, Family Court, Pathankot. The requisite record of the Family Court, Amritsar to the Court Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE Yes/No Yes/No 3 lant, two cases are already 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 We are of the view that it will be in the interests of both the parties Therefore, H.M.A. Case No.71/2016 is transferred from Family Considering the aforesaid facts and circumstances, in the humble for it would be in at the same petition Akash Akash Akash Akash husband, stands transferred to the The requisite record of the to the Court Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.23 15:02 I attest to the accuracy and authenticity of this order/judgment