TA-1639-20 IN THE HIG 108 Girija Sharm Nikhil Bhard CORAM: H Present: - NIDHI GUP 1. seeking tran 6, 10 and 7 (for short-‘th and Guardia Bhardwaj vs Principal Ju Princpal Jud Ngar (Mohal 2. been receive abroad. The which has be not residing has been rec 2025 -1- E HIGH COURT OF PUNJAB AND HA TA-16 Date o Sharma Versus Bhardwaj M: HON'BLE MS. JUSTICE NIDH Mr. Kamal Jindal, Advocate for I GUPTA, J. (ORAL) By way of filing the present pe transfer of petition filed by respond and 7 read with Section 25 of the Gu ‘the Act’) read with Sections 6 an uardianship Act, 1956 bearing No. GW waj vs. Girija Sharma’, pending bef pal Judge, Family Court, Jalandhar al Judge, Family Court, Camp at Kha Mohali). As per office report, notice is eceived back with the report that as p Thereafter, again fresh notice wa has been received back with the repo siding at the given address. Dasti not en received back with the report of ND HARYANA AT CHANDIGARH 1639-2025 Date of Decision: 20.05.2026 .… Petitioner .... Respondent NIDHI GUPTA ate for the petitioner sent petition, the petitioner-wife is espondent-husband under Sections Guardian and Wards Act 1890 s 6 and 13 of the Hindu Minority o. GW/160/2025 titled as ‘Nikhil ng before the learned Additional andhar to the Court of learned at Kharar, Sessions Division SAS tice issued to the respondent has at as per his mother, he is residing was issued to the respondent report that as per his sister, he is notice issued to the respondent ort of trial Court counsel that the RISHU KATARIA 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment. TA-1639-20 party has c decided in hi 3. 2025 -2- has changed the counsel. Accordin d in his absence. Learned counsel for the petition i) The parties were married Rites and Ceremonies. ii) Two sons, namely, Hi 07.1.2015) and Anay Bha were born out the said w are in the care and custod iii) Due to matrimonial dis separately since January, iv) The petitioner is having working anywhere; wher is in Merchant Navy as C v) Both the minor sons Chandigarh. vi) There are 03 cases filed b are pending adjudication Sessions Division, SAS as under:- (a) Petition under Se (125 Cr.P.C.) bear (Annexure P-3) p Family Court, Cam (b) Petition under 18, of Women from D cordingly, this petition is being etitioner, inter alia, submits that:- arried on 29.11.2013 as per Hindu ly, Hittarth Bhardwaj (born on ay Bhardwaj (born on 22.01.2021) said wedlock; and presently, both custody of the petitioner-mother. ial discord the parties are living nuary, 2025. aving PhD in Chemistry but not ; whereas the respondent-husband y as Captain. sons are studying at New filed by the petitioner-wife which cation before the Courts at Kharar, SAS Nagar (Mohali); which are er Section 144 of BNNS, 2023 .) bearing No. MNT/125/40/2025 ) pending before the learned Camp Court at Kharar; 18, 20 and 22 of the Protection rom Domestic Violence Act, 2005 RISHU KATARIA 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment. TA-1639-20 4. 5. well establis required to b case, minor 6. it appropria conditions: 2025 -3- bearing No. COM pending before the Ist Class, Kharar; (c) Criminal Case aris 19.11.2025 at Pol against the respon (Annexure P-5). vii) The distance between t petitioner at Kharar, Dis place of proceedings kilometers on one side. to undertake frequent tra to Jalandhar. I have heard learned counsel for The legal position in such like stablished. As per Section 9 of the ed to be filed where the minor child or inor sons are admittedly residing with After going through the entire ropriate to allow the present petitio ions:- a) The petition bearing ‘Nikhil Bhardwaj vs. Gi the learned Additional P Jalandhar is transferred Principal Judge, Family Sessions Division SAS N COMA/66/2025 (Annexure P-4) re the learned Judicial Magistrate ; and se arising out of FIR No. 50 dated at Police Station Women lodged respondent and family members een the place of residence of the , District SAS Nagar (Mohali) and ings at Jalandhar is about 150 side. As such, it is difficult for her ent travel for the case from Kharar sel for the parties. ch like cases as the present one, is of the Act, petition for custody is hild ordinarily resides. In the present ng with the petitioner at Kharar. entire paper-book, this Court deems petition, subject to the following No. GW/160/2025 titled as vs. Girija Sharma’, pending before onal Principal Judge, Family Court, sferred to the Court of learned Family Court, Camp at Kharar, SAS Nagar (Mohali). e, is y is sent ems ing as fore ourt, rned arar, RISHU KATARIA 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment. TA-1639-20 7. between the calendar mon 8. 9. 20.05.2026 rishu 2025 -4- b) The learned District Jud transfer complete record case to District Judge, SA c) The parties are directed t Judge, Patiala on 22.06.2 d) The District Judge, SAS the said petition to jurisdiction. The Court concerned, where en the parties, will accommodate t ar month. The present petition stands disp Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable ct Judge, Jalandhar is directed to record pertaining to the aforesaid SAS Nagar (Mohali). ected to appear before the District .06.2026. SAS Nagar (Mohali) will assign to the Court of competent where the litigation is pending date them with one date in one disposed of, in the above terms. any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No RISHU KATARIA 2026.05.22 20:32 I attest to the accuracy and authenticity of this order/judgment.