TA-689-2025 (O&M) --1-- 164 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-689-2025 (O&M) Decided on:-14.07.2026 Shazia ….Applicant. vs. Amzad Ali Khan and others ….Respondents. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Ms. Priya Sukhija, Advocate for the applicant. Mr. A.S. Sidhu, Advocate for Mr. D.S. Virk, Advocate, for respondents No.1 and 2. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of complaint bearing COMA/3805/2015 (Annexure P-1), titled “Shazia vs. Amzad Ali Khan and others” filed under Sections 12, 17, 18, 19, 20 and 23 of Protection of Women from Domestic Violence Act, 2005 (hereinafter to be referred as “DV Act”) at the instance of applicant-wife; from the Court of learned Chief Judicial Magistrate, Patiala to the competent Court of jurisdiction at Malerkotla. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 24.03.2013; out of their wedlock, a female child namely, Maria was born on 07.09.2014; on account of matrimonial discord between the parties, the above mentioned complaint under DV Act, came to be preferred at the instance of applicant-wife at Patiala. Thereupon, the present SONIKA 2026.07.16 18:09 I attest to the accuracy and authenticity of this document TA-689-2025 (O&M) --2-- application seeking transfer thereof came to be filed by the applicant herself. 3. Learned counsel for the applicant, inter alia, contends that the applicant-wife is residing alongwith her daughter at her parental home at Malerkotla. Accordingly, a prayer is made for transfer of the above mentioned complaint filed at the instance of applicant-wife from the Court of ld.Chief Judicial Magistrate, Patiala to the competent Court of Jurisdiction at Malerkotla. 4. On the other hand, learned counsel for respondents No.1 and 2 vehemently opposes the prayer made on behalf of the applicant. 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 a petition under Section 144 of BNSS, which is pending adjudication before the learned Family Court at Malerkotla. 7. As per the averments made in the present transfer application, the applicant-wife has no independent source of income and is solely dependent on her parents. Besides it, the applicant is also taking care of her daughter, who is studying in 5th standard at Malerkotla. 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 SONIKA 2026.07.16 18:09 I attest to the accuracy and authenticity of this document TA-689-2025 (O&M) --3-- 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 maintenance petition under Section 144 BNSS is pending adjudication at Malerkotla, therefore, it 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 complaint bearing No.COMA/3805/2015, titled “Shazia vs. Amzad Ali Khan and others”, filed by the applicant-wife, stands transferred from the Court of ld. Civil Judge, Patiala to the Family Court, Malerkotla. The requisite record of the aforesaid case be sent by the learned Court, Patiala 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 2026.07.16 18:09 I attest to the accuracy and authenticity of this document