TA No.1711 of 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA 118 DR. ARSHDEEP Vs HIMANSHU SHARMA CORAM: HON'BLE MR. JUSTICE Present: Mr. for the applicant. Mr. Sanjeev Kodan, Advocate for the respondent. HARKESH MANUJA, J. (Oral) 1. The case bearing No. under Section 9 “petition”) at the Principal Judge, Family Court, jurisdiction at Chandigarh. 2. Briefly stating, the marriage between the was solemnized on Devansh, was born on parties, the above mentioned divorce petition came to be of respondent-husband. came to be filed by the TA No.1711 of 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: DR. ARSHDEEP ...... HIMANSHU SHARMA HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Rangat Joshi, Advocate for the applicant. Mr. Sanjeev Kodan, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present No.HMA-316-2025, titled “Himanshu Sharma vs. Arshdeep 9 of the Hindu Marriage Act, 1955 ( ) at the instance of respondent-husband; Principal Judge, Family Court, Palwal to the Chandigarh. Briefly stating, the marriage between the was solemnized on 23.05.2023; out of their wedlock, a , was born on 22.08.2024; on account of parties, the above mentioned divorce petition came to be husband. Thereupon, the present application seeking transfer came to be filed by the applicant-wife. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ransfer Application No.1711 of 2025 (O&M) Date of Decision: 17.07.2026 ......Applicant …..Respondent(s) HARKESH MANUJA wife, by way of present application, seeks transfer of Himanshu Sharma vs. Arshdeep”, filed Marriage Act, 1955 (hereinafter to be referred as husband; from the Court of learned to the learned Court of competent Briefly stating, the marriage between the applicant and respondent ; out of their wedlock, a male child namely, ; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance application seeking transfer thereof 1 (O&M) transfer of , filed hereinafter to be referred as from the Court of learned learned Court of competent respondent namely, between the preferred at the instance thereof MOHMED ATIK 2026.07.17 16:33 I attest to the accuracy and authenticiy of this order/judgment TA No.1711 of 2025 (O&M) 3. Learned counsel for the applicant-wife is residing months, in her parental transfer of the above mentione husband from the Court of learned Principal Judge, Family Court, learned Court of competent jurisdiction at 4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the petition under Section 9 of the Hindu Marriage Act, filed at the instance of the respondent-husband, the applicant of recording her evidence for which she can be accommodated through electronic mode as well. Learned counsel further submits that 7, 10 & 25 of the Guardian & Wards Act, 1890 respondent-husband at Chandigarh while keeping in view the convenience of the respondent-wife. 5. I have heard learned counsel for the parties and gone through the paper-book. 6. In the present case, admittedly, the Guardian & Wards Act, 1890 filed at the instance of the respondent pending adjudication before the Court 28.04.2025, under Section 126 and 170 of BNSS, 2023 reg wife against the respondent is also pending at Chandigarh. TA No.1711 of 2025 (O&M) Learned counsel for the applicant wife is residing alongwith her minor child, who is aged about 01 year 03 her parental home at Chandigarh. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of from the Court of learned Principal Judge, Family Court, learned Court of competent jurisdiction at Chandigarh. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant petition under Section 9 of the Hindu Marriage Act, filed at the instance of the husband, the applicant-wife is to appear once or twice for the purposes of recording her evidence for which she can be accommodated through electronic mode as well. Learned counsel further submits that 7, 10 & 25 of the Guardian & Wards Act, 1890 husband at Chandigarh while keeping in view the convenience of the wife. I have heard learned counsel for the parties and gone through the In the present case, admittedly, a petition under Sections 7, 10 & 25 of the Guardian & Wards Act, 1890 filed at the instance of the respondent pending adjudication before the Court at Chandigarh besides it, DDR No.005 dated 28.04.2025, under Section 126 and 170 of BNSS, 2023 reg wife against the respondent-husband at Police Station West, Sector 11, Chandigarh at Chandigarh. applicant, inter alia, contends that the her minor child, who is aged about 01 year 03 Accordingly, a prayer is made for d divorce petition filed at the instance of respondent from the Court of learned Principal Judge, Family Court, Palwal to the Chandigarh. On the other hand, learned counsel for the respondent vehemently applicant while submitting that the petition under Section 9 of the Hindu Marriage Act, filed at the instance of the wife is to appear once or twice for the purposes of recording her evidence for which she can be accommodated through electronic mode as well. Learned counsel further submits that another petition under Sections 7, 10 & 25 of the Guardian & Wards Act, 1890 was filed at the instance of the husband at Chandigarh while keeping in view the convenience of the I have heard learned counsel for the parties and gone through the petition under Sections 7, 10 & 25 of the Guardian & Wards Act, 1890 filed at the instance of the respondent-husband is at Chandigarh besides it, DDR No.005 dated 28.04.2025, under Section 126 and 170 of BNSS, 2023 registered by the applicant husband at Police Station West, Sector 11, Chandigarh 2 , contends that the her minor child, who is aged about 01 year 03 Accordingly, a prayer is made for respondent- to the On the other hand, learned counsel for the respondent vehemently while submitting that the petition under Section 9 of the Hindu Marriage Act, filed at the instance of the wife is to appear once or twice for the purposes of recording her evidence for which she can be accommodated through electronic another petition under Sections was filed at the instance of the husband at Chandigarh while keeping in view the convenience of the I have heard learned counsel for the parties and gone through the petition under Sections 7, 10 & 25 of husband is at Chandigarh besides it, DDR No.005 dated istered by the applicant- husband at Police Station West, Sector 11, Chandigarh MOHMED ATIK 2026.07.17 16:33 I attest to the accuracy and authenticiy of this order/judgment TA No.1711 of 2025 (O&M) 7. As per the averments made in the present transfer application, the applicant-wife is residing with her parents presently aged about 01 year and 03 months. difficulty in pursuing Kilometers between 8. Furthermore, the Hon’ble Manjula Singh Chouhan SCC 660” held that, in the interest of both the parties, proceedings should ordinarily be heard by the allowed the transfer application therein. extracted hereunder: “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, transfer may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct o 4. that all their cases be heard together by the same Court. 5. Court, I 9. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, Wards Act, 1890 filed at the instance of the respondent dated 28.04.2025, under Section 126 and 170 of BNSS, 2023 registered by the applicant-wife agains Chandigarh, therefore, TA No.1711 of 2025 (O&M) As per the averments made in the present transfer application, the wife is residing with her parents alo presently aged about 01 year and 03 months. pursuing the said as there is a distance of Kilometers between Palwal and Chandigarh. Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan Versus 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:- 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 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 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 a petition under Sections 7, 10 & 25 of the Guardian & Wards Act, 1890 filed at the instance of the respondent dated 28.04.2025, under Section 126 and 170 of BNSS, 2023 registered by the wife against the respondent-husband , therefore, it would be in the interest of both the parties that all their As per the averments made in the present transfer application, the along with her minor child, who is presently aged about 01 year and 03 months. The applicant is facing great as there is a distance of approximately 3 Supreme Court in its decision rendered in Vishal Singh Chouhan, reported as “2019 (13) held that, in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and, accordingly, Relevant paragraph nos.3 to 5 are As per the submission of the appellant, two cases are already Court, Bhopal, and it will be in the interests of both 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 f other cases pending in Family Court, Bhopal. 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 ndore to the Family Court, Bhopal.” Considering the aforesaid facts and circumstances, in the humble petition under Sections 7, 10 & 25 of the Guardian & Wards Act, 1890 filed at the instance of the respondent-husband and DDR No.005 dated 28.04.2025, under Section 126 and 170 of BNSS, 2023 registered by the husband, are pending adjudication at it would be in the interest of both the parties that all their 3 As per the averments made in the present transfer application, the ng with her minor child, who is great 360 rendered in 2019 (13) all connected matrimonial and, accordingly, Relevant paragraph nos.3 to 5 are As per the submission of the appellant, two cases are already 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 petition under Sections 7, 10 & 25 of the Guardian & DDR No.005 dated 28.04.2025, under Section 126 and 170 of BNSS, 2023 registered by the , are pending adjudication at it would be in the interest of both the parties that all their MOHMED ATIK 2026.07.17 16:33 I attest to the accuracy and authenticiy of this order/judgment TA No.1711 of 2025 (O&M) cases be heard together allowed and the petition under Section 2025, titled “Himanshu Sharma stands transferred to the learned Court of competent jurisdiction at of the aforesaid case be sent by the concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed of. July 17, 2026 Atik Whether speaking/reasoned Whether reportable TA No.1711 of 2025 (O&M) cases be heard together at the same place. Consequently the transfer application is and the petition under Section 9 of the Hindu Marriage Act i.e. Himanshu Sharma vs. Arshdeep” stands transferred from the Court of learned Principal Judge, Family Court, to the learned Court of competent jurisdiction at of the aforesaid case be sent by the learned Family Court, Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) Whether speaking/reasoned Yes/No Whether reportable Yes/No Consequently the transfer application is of the Hindu Marriage Act i.e. HMA-316 ”, filed by the respondent-husband, from the Court of learned Principal Judge, Family Court, Palwal to the learned Court of competent jurisdiction at Chandigarh. The requisite record Family Court, Palwal to the Court Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) JUDGE Yes/No Yes/No 4 Consequently the transfer application is 316- husband, Palwal The requisite record to the Court Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.17 16:33 I attest to the accuracy and authenticiy of this order/judgment