203 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Transfer Application No. 1452 of 2025 (O&M) Date of Decision: 27.07.2026 Diya Garg alias Poonam Garg .......... Petitioner Versus Yadwinder Garg .......... Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Parunjeet Singh, Advocate for the petitioner. Respondent/husband in-person. **** HARKESH MANUJA, J. (ORAL) The petitioner-wife, by way of present application/petition, seeks transfer of petition bearing HMA/124/2025, titled “Yadwinder Garg Versus Diya alias Poonam Garg” filed under Section 13 of the Hindu Marriage Act, 1955 at the instance of respondent-husband; from the learned Family Court, Kharar to the Court of competent jurisdiction at Nabha, District Patiala. [2] Learned counsel for the petitioner prays for transfer of the above said petition on the following grounds:- (i) that the applicant-wife is residing at Nabha; (ii) that two children, one son and one daughter, were born out of the wedlock; son-Vinayak Garg (born on 12.01.2010) is in the custody of the applicant-wife at Nabha, who is a student of Polytechnic College, Patiala; while the daughter-Rossane Garg (born on 06.10.2005) is residing abroad (Toronto); (iii) that the respondent-husband has shifted from Nabha to Mohali, alleging his involvement in relationship with other women; DINESH KUMAR 2026.07.28 14:48 I attest to the accuracy and integrity of this document T.A. No. 1452 of 2025 (O&M) [2] (iv) that there is a distance of about 160 kms. (both sides) between Kharar and Nabha; (v) that there is threat to the petitioner from the side of respondent; (vi) that the applicant is suffering with gynecological ailment(s) as per medical report annexed as Annexure A- 2. [3] Respondent appears in-person; files a reply dated 27.07.2026 to the transfer application/petition and has prayed for its dismissal. The said reply is taken on record. [4] Having heard learned counsel for the petitioner as well as the respondent besides going through the paper-book, 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 Sumita Singh Versus Kumar Sanjay, 2002 SC 396 and Rajani Kishor Pardeshi Versus Kishor Babulal Pradeshi, 2005(12), SCC 237, wherein it has been held that “while deciding the transfer application, the Courts are required to give more weightage and consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships.” [6] Considering the aforesaid facts and circumstances, in the humble opinion of this Court, the transfer application is allowed and the petition bearing HMA/124/2025 (supra) filed at the instance of respondent- husband, stands transferred from the Family Court, SAS Nagar (Mohali), DINESH KUMAR 2026.07.28 14:48 I attest to the accuracy and integrity of this document T.A. No. 1452 of 2025 (O&M) [3] Camp Court at Kharar to the Court of competent jurisdiction at Family Court, Patiala, Camp Court at Nabha. The requisite record of the aforesaid case be sent by the Family Court, SAS Nagar (Mohali), Camp Court at Kharar to the Court concerned at the earliest where the parties would appear within a period of one month from today. [7] Pending miscellaneous application(s), if any, shall also stand disposed off. July 27, 2026 ( HARKESH MANUJA ) 'dk kamra' JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2026.07.28 14:48 I attest to the accuracy and integrity of this document