TA No.923 of 2025 136 IN THE HIGH COURT OF PUNJAB AND HARYANA Bharti Garg Vs Ashish Garg and anr. CORAM: HON'BLE MR. Present: Mr. for the applicant/petitioner. Mr. for the respondent. HARKESH MANUJA, J. The applicant petition bearing filed under Section 1 referred as “divorce from the Court of learned Hansi, Distt. Hisar Charkhi Dadri. [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on namely, Aviyukt Garg was born on 16.11.2021, discord between the parties, the above mentioned be preferred at the instance of respondent 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: 28 Vs Ashish Garg and anr. HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Sharad Choudhary, Advocate for the applicant/petitioner. Mr. Ajay Jain, Advocate for the respondent. **** HARKESH MANUJA, J. The applicant-wife, by way of present case, seeks transfer of petition bearing No. DMC/249/2024, titled “Ashish Garg Vs. Bharti Garg filed under Section 13 of the Hindu Marriage Act, 1955 ( divorce petition”) at the instance of respondent from the Court of learned Principal Judge, Family Court, Hansi, Distt. Hisar to the Court of learned Principal Judge, Family Court, Briefly stating, the marriage between the petitioner and respondent was solemnized on 24.04.2015 namely, Aviyukt Garg was born on 16.11.2021, discord between the parties, the above mentioned be preferred at the instance of respondent IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 923 of 2025 (O&M) 28.07.2026 ......Petitioner …..Respondents JUSTICE HARKESH MANUJA Sharad Choudhary, Advocate wife, by way of present case, seeks transfer of Ashish Garg Vs. Bharti Garg of the Hindu Marriage Act, 1955 (hereinafter to be ) at the instance of respondent-husband; Principal Judge, Family Court, Camp Court at learned Principal Judge, Family Court, Briefly stating, the marriage between the petitioner and 24.04.2015; out of the wedlock a child, namely, Aviyukt Garg was born on 16.11.2021, on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent-husband. Thereupon, the 1 wife, by way of present case, seeks transfer of Ashish Garg Vs. Bharti Garg”, hereinafter to be husband; mp Court at learned Principal Judge, Family Court, Briefly stating, the marriage between the petitioner and out of the wedlock a child, on account of matrimonial petition came to the SANJAY GUPTA 2026.07.28 16:26 I attest to the accuracy and integrity of this document TA No.923 of 2025 present applicat applicant-wife. [3] Learned counsel for the applicant, applicant-wife is residing Accordingly, a prayer is made for transfer of the petition filed at the instance of respondent learned Principal Judge, Family Court, Camp Court at Hansi, Distt. Hisar to the Court of learned Principal Judge, Family Court, Charkhi Dadri. [4] Learned prayer made on behalf of the applicant. [5] I have heard learned counsel for the the paper-book. [6] In the present case, admittedly, the applicant following cases competent jurisdiction at (1) (2) (3) [7] As per the averments made in the present transfer application, the applicant-wife is residing with her parents aged 3 ½ years 2025 present application seeking transfer thereof wife. Learned counsel for the applicant, wife is residing at her parental home Accordingly, a prayer is made for transfer of the petition filed at the instance of respondent Principal Judge, Family Court, Camp Court at Hansi, Distt. Hisar to of learned Principal Judge, Family Court, Charkhi Dadri. earned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. I have heard learned counsel for the book. In the present case, admittedly, the applicant cases which are pending adjudication before the Court of competent jurisdiction at Faridkot:- (1) Petition under Section 9 of the Hindu marriage Act, 1955, for restitution of conjugal rights; (2) Application for maintenance under Section 125 Cr.P.C., bearing MNT No.130-2024 “ Garg”; and Complaint under Section 12 of the Protection of Women from Domestic Violence Act, bearing COMA As per the averments made in the present transfer application, wife is residing with her parents aged 3 ½ years and has no independent source of income. thereof came to be filed by the Learned counsel for the applicant, inter alia, contends that the at her parental home at Charkhi Dadri. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from the Court of Principal Judge, Family Court, Camp Court at Hansi, Distt. Hisar to of learned Principal Judge, Family Court, Charkhi Dadri. counsel for the respondent vehemently opposes the I have heard learned counsel for the parties and gone through In the present case, admittedly, the applicant-wife has filed the which are pending adjudication before the Court of Petition under Section 9 of the Hindu marriage Act, 1955, for restitution of conjugal rights; for maintenance under Section 125 Cr.P.C., 2024 “Bharti Garg Vs. Ashish Complaint under Section 12 of the Protection of Women from Domestic Violence Act, bearing COMA-147-2024; As per the averments made in the present transfer application, wife is residing with her parents along with her minor son and has no independent source of income. 2 came to be filed by the the Charkhi Dadri. divorce the Court of Principal Judge, Family Court, Camp Court at Hansi, Distt. Hisar to counsel for the respondent vehemently opposes the and gone through wife has filed the which are pending adjudication before the Court of Petition under Section 9 of the Hindu marriage Act, 1955, for maintenance under Section 125 Cr.P.C., Bharti Garg Vs. Ashish Complaint under Section 12 of the Protection of Women As per the averments made in the present transfer application, along with her minor son SANJAY GUPTA 2026.07.28 16:26 I attest to the accuracy and integrity of this document TA No.923 of 2025 [8] Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan “2019 (13) SCC 660” connected matrimonial proceedings should ordinarily be heard by the same Court and accordingly, allowed the transfer appl paragraphs No.3 to 5 thereof are extracted hereunder: “3. 4. 5. [9] Considering the aforesaid facts and circumstances, in the humble opinion of this Court marriage Act, 1955, for restitution of conjugal rights; maintenance under Section 125 Cr.P.C., be “Bharti Garg Vs. Ashish Garg Protection of Women from Domestic Violence Act bearing COMA No.147 2024, filed at the instance of applicant is pending at be in the interest same place. 2025 Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan Versus Vishal Singh Chouhan 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 appl paragraphs No.3 to 5 thereof are extracted hereunder: 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 i 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 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 Court, Indore to the Family Court, Bhopal.” Considering the aforesaid facts and circumstances, in the humble opinion of this Court since a Petition under Section 9 of the Hindu marriage Act, 1955, for restitution of conjugal rights; maintenance under Section 125 Cr.P.C., be Bharti Garg Vs. Ashish Garg” and a complaint under Section 12 of the Protection of Women from Domestic Violence Act bearing COMA No.147 filed at the instance of applicant is pending at be in the interest of both the parties that all Furthermore, the Hon’ble Supreme Court in the case of Vishal Singh Chouhan, reported as 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 extracted hereunder:- 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 that the respondent has to travel to Bhopal for conduct of other cases pending in 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 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 Petition under Section 9 of the Hindu marriage Act, 1955, for restitution of conjugal rights; Application bearing for maintenance under Section 125 Cr.P.C., bearing MNT No.130-2024 and a complaint under Section 12 of the Protection of Women from Domestic Violence Act bearing COMA No.147 filed at the instance of applicant is pending at Charkhi Dadri, it would all the cases be heard together 3 Furthermore, the Hon’ble Supreme Court in the case of reported as held that in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same ication therein. Relevant As per the submission of the appellant, two cases are already pending in Family Court, Bhopal, and it will be in the n 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 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 Therefore, H.M.A. Case No.71/2016 is transferred from Considering the aforesaid facts and circumstances, in the Petition under Section 9 of the Hindu bearing for 2024 and a complaint under Section 12 of the Protection of Women from Domestic Violence Act bearing COMA No.147- it would be heard together at SANJAY GUPTA 2026.07.28 16:26 I attest to the accuracy and integrity of this document TA No.923 of 2025 [10] Consequently, the transfer application is divorce petition under Section 1 DMC/249/2024 respondent-husband, stands transferred from the Court of Judge, Family Court, Camp Court at Hansi, Distt. Hisar to learned Principal Judge, Family Court, Charkhi Dadri of the aforesaid case Court, Charkhi Dadri [11] Pending miscellaneous application(s), if any, shall also stand disposed of. 28.07.2026 sanjay Whether speaking/reasoned Whether reportable 2025 Consequently, the transfer application is petition under Section 13 of the Hindu Marriage Act i.e. DMC/249/2024, titled “Ashish Garg Vs. Bharti Garg husband, stands transferred from the Court of Judge, Family Court, Camp Court at Hansi, Distt. Hisar to learned Principal Judge, Family Court, Charkhi Dadri of the aforesaid case be sent by the Family Court, Court, Charkhi Dadri. Pending miscellaneous application(s), if any, shall also stand Whether speaking/reasoned Whether reportable Consequently, the transfer application is allowed and the of the Hindu Marriage Act i.e. Ashish Garg Vs. Bharti Garg”, filed by the husband, stands transferred from the Court of learned Principal Judge, Family Court, Camp Court at Hansi, Distt. Hisar to the Court learned Principal Judge, Family Court, Charkhi Dadri. The requisite record be sent by the Family Court, Hansi to the Family Pending miscellaneous application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Yes/No Yes/No 4 and the of the Hindu Marriage Act i.e. filed by the Principal the Court of The requisite record Family Pending miscellaneous application(s), if any, shall also stand SANJAY GUPTA 2026.07.28 16:26 I attest to the accuracy and integrity of this document