Extracted from the PDF above. The PDF is authoritative.
145 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Transfer Application No. 1694 of 2025 (O&M)
Date of Decision: 09.07.2026
Preksha Gupta .......... Petitioner Versus Vasu Aggarwal .......... Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Puneet Jindal, Sr. Advocate, assisted by
Mr. Rohit Sharma, Advocate
for the petitioner. Mr. (Dr.) Anmol Rattan Sidhu, Sr. Advocate, assisted by
Mr. Pratham Sethi, Advocate
for the respondent. **** HARKESH MANUJA, J. (ORAL)
CM-12943-CII-2026
Application for placing on record the reply on behalf of the applicant-respondent is allowed. The same is taken on record. Copy thereof has been supplied to the opposite side. Registry to do the needful. MAIN CASE
The petitioner-wife, by way of present application/petition, seeks transfer of petition bearing DMC/123/2024, titled “Vasu Aggarwal Versus Preksha Gupta” filed under Section 13 of the Hindu Marriage Act, 1955 at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Jalandhar to the Court of competent jurisdiction at Samana, District Patiala. [2] Learned Senior Counsel for the petitioner prays for transfer of the above said petition on the following grounds:- DINESH KUMAR 2026.07.13 15:30 I attest to the accuracy and integrity of this document
T.A. No. 1694 of 2025 (O&M)
[2]
(i) that the applicant-wife alongwith minor girl is residing with her parents at Samana (Patiala); (ii) that she has no source of income; (iii) that there is a distance of about 180 kms. between Jalandhar and Samana; (iv) that there is threat to the petitioner from the side of respondent and his family members; (v) that three more cases filed by the petitioner are pending in the Courts at Samana. [3] On the other hand, learned Senior Counsel for the respondent vehemently opposes the prayer made on behalf of the petitioner, while stating that one FIR got registered at the instance of respondent against the petitioner is pending in the Court at Jalandhar. [4] Having heard learned counsel for the parties besides going through the record, I find substance in the submission(s) made on behalf of the petitioner. [5] Besides the facts/submission(s) noticed on behalf of the petitioner, the legal position in such like cases as the present one is also very clear.
Reference in this regard may made to a decision rendered by the Hon’ble Supreme Court in its decision rendered in Manjula Singh Chouhan Versus Vishal Singh Chouhan, reported as 2019 (13) SCC 660, wherein it has been 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 paras-3 to 5 of the aforesaid decision are extracted 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 DINESH KUMAR 2026.07.13 15:30 I attest to the accuracy and integrity of this document
T.A. No. 1694 of 2025 (O&M)
[3]
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.”
[6]
Considering the aforesaid facts and circumstances, in the humble opinion of this Court, 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 bearing DMC/123/2025 (supra) filed at the instance of respondent-husband, stands transferred from the Family Court, Jalandhar to the Court of competent jurisdiction at Family Court, Patiala, Camp Court Samana. The requisite record of the aforesaid case be sent by the Family Court, Jalandhar to the Court concerned at the earliest where the parties would appear within a period of one month from today.
[7]
The concerned Court at Samana will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties. [8]
The Court concerned, where the litigation is pending between the parties, will accommodate them with one date in one calendar month. [9] Pending miscellaneous application(s), if any, shall also stand
disposed off.
July 09, 2026
( HARKESH MANUJA ) 'dk kamra'
JUDGE
Whether Speaking/reasoned Yes/No Whether Reportable Yes/No
DINESH KUMAR 2026.07.13 15:30 I attest to the accuracy and integrity of this document