1 205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ANCHAL JAIN DEEPAK SCREEN CORAM: HON'BLE MR. JUSTICE Present: Ms. Pratula Sethi, Advocate for the applicant. None for the respondent. HARKESH MANUJA 1. The applicant petition bearing HMA/638/2025, titled filed under Section 13 of the Hindu Marriage Act, 1955 referred as “the Act”) Court of learned Principal Judge, Family Court, Amritsar to learned Principal Judge, Family Court, Ludhiana. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 28.06.2021, on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of the Act, came to be preferred at the instance of respondent present application seeking transfer thereof came to be filed by the applicant-wife. 3. Learned counsel for the applicant, applicant-wife is residing at her pare prayer is made for transfer of the above mentioned petition filed at the instance of respondent Court, Ludhiana. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: ANCHAL JAIN Versus DEEPAK SCREEN HON'BLE MR. JUSTICE HARKESH MANUJA Ms. Pratula Sethi, Advocate for the applicant. None for the respondent. **** HARKESH MANUJA, J. (ORAL) The applicant-wife, by way of present application, seeks transfer of petition bearing HMA/638/2025, titled “Deepak Sareen vs. Anchal Jain” filed under Section 13 of the Hindu Marriage Act, 1955 referred as “the Act”) at the instance of respondent Court of learned Principal Judge, Family Court, Amritsar to learned Principal Judge, Family Court, Ludhiana. Briefly stating, the marriage between the applicant and respondent was solemnized on 28.06.2021, on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of the Act, came preferred at the instance of respondent present application seeking transfer thereof came to be filed by the Learned counsel for the applicant, inter alia wife is residing at her parental home at Ludhiana. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Amritsar to Family Court, Ludhiana. TA-885-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-885-2025 Date of Decision: AUGUST 13, 2026 ........Applicant ........Respondent HARKESH MANUJA Ms. Pratula Sethi, Advocate for the applicant. wife, by way of present application, seeks transfer of “Deepak Sareen vs. Anchal Jain”, filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Amritsar to learned Principal Briefly stating, the marriage between the applicant and respondent was solemnized on 28.06.2021, on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of the Act, came preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the inter alia, contends that the ntal home at Ludhiana. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the husband from Family Court, Amritsar to Family 2025 AUGUST 13, 2026 wife, by way of present application, seeks transfer of , (hereinafter to be husband; from the Court of learned Principal Judge, Family Court, Amritsar to learned Principal Briefly stating, the marriage between the applicant and respondent was solemnized on 28.06.2021, on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of the Act, came husband. Thereupon, the present application seeking transfer thereof came to be filed by the , contends that the ntal home at Ludhiana. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the husband from Family Court, Amritsar to Family TEJWINDER SINGH 2026.08.18 16:51 I agree to specified portions of this document 2 TA-885-2025 4. Notice in the present application was issued on 22.07.2025. Since then, the following are the service reports: 18.08.2025 - notice issued to the respondent has been received back with report that he is not residing at the given address. Dasti notice not received back. 15.10.2025 – fresh notice issued to the respondent has not been received back. Dasti notice received back served through fellow Advocate of trial Court counsel. 28.10.2025, 12.11.2025, 19.12.2025 and 15.01.2026: Service report was same as on 15.10.2025. 24.04.2026– fresh notice issued to the respondent has been received back with report that as per his mother he is not residing at the given address. Dasti notice not received back. 11.05.2026- Service report was same as on 24.04.2026. 13.08.2026- fresh notice issued to the respondent has been received back with report that as per his mother he is not residing at the given address. Dasti notice not received back. 13.08.2026- fresh notice issued to the respondent has been received back with report that he is not residing at the given address. Dasti notice not received back. 5. A perusal of service report dated 15.10.2025 shows that dasti service was effected through Advocate representing the applicant before learned trial Court. Thereafter, on 24.04.2026, it was reported that the notice was received back with the report that as per the mother of respondent, he was not residing at the given address. All efforts have been made to serve the respondent at the address provided by him in his divorce petition pending before the Court of learned Principal Judge, Family Court at Amritsar and as such, it appears that attempts are being made to evade the process. Despite being conscious of the proceedings before this Court especially when interim order with respect the pendency of proceedings has been passed by this Court, it appears that respondent is deliberately evading the process of law by not appearing in the present proceedings. TEJWINDER SINGH 2026.08.18 16:51 I agree to specified portions of this document 3 TA-885-2025 6. I have heard learned counsel for the applicant and gone through the paper-book. 7. In the present case admittedly, the applicant-wife has filed a petition under the provisions of Protection of Women from Domestic Violence Act, 2005 bearing No. CRM-15566-2025 at Ludhiana. The applicant-wife is residing at her parental home at Ludhiana and is taking care of her old mother. Moreover, she is engaged in a private job and is working as an Investment Manager at SBI Life at Ludhiana, therefore, it would cause great deal of inconvenience for the applicant-wife to travel to Amritsar from Ludhiana on each date of hearing which is approximately 142 kilometers. 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 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 and the callous attitude of the respondent as well as keeping in view the pendency of complaint under the provisions of Protection of Women from Domestic Violence Act, 2005 at Ludhiana, it would be in the interest of both the parties TEJWINDER SINGH 2026.08.18 16:51 I agree to specified portions of this document 4 TA-885-2025 that all their cases be heard together. Consequently the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act, 1955 i.e. HMA/638/2025, titled “Deepak Sareen vs. Anchal Jain”, filed by the respondent-husband, stands transferred from the Court of learned Principal Judge, Family Court, Amritsar to the Court of competent jurisdiction at Ludhiana. The requisite record of the aforesaid case be sent by the learned Family Court, Amritsar to the Court concerned. 10. However, in case there is any concealment of fact by the applicant- wife, the respondent shall be at liberty to seek revival of the present application. 11. Pending miscellaneous application(s), if any, shall also stand disposed of. 13.08.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No TEJWINDER SINGH 2026.08.18 16:51 I agree to specified portions of this document