TA-1485-2025 (O&M) --1-- 209 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-1485-2025 (O&M) Decided on:-03.09.2026 Neha Devi ….Applicant. vs. Suraj Mittal ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Pardeep Kumar, Advocate for the applicant. None for the respondent. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of petition bearing HMA/111/2025, titled as “Suraj Mittal Vs. Neha Devi” filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) at the instance of respondent-husband; from the Court of learned Additional Principal Judge, Family Court, Samana, District Patiala to the competent Court of jurisdiction at Nihal Singh, District Moga. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 16.04.2022; on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of the 1955 Act, came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife. 3. Learned counsel for the applicant, inter alia, contends that the applicant-wife is residing with her parents, who are residing at District SONIKA 2026.09.08 11:38 I attest to the accuracy and authenticity of this document TA-1485-2025 (O&M) --2-- Moga. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Samana, District Patiala to Family Court, at Nihal Singh, District Moga. 4. As per office report, notice issued to respondent received back with the report that “as per his mother, they have disowned him”. In view of the above, it appears that the respondent is intentionally avoiding appearance and service of notice. 5. I have heard learned counsel for the applicant and gone through the paper-book. 6. In the present case, admittedly, the applicant-wife registered FIR No.107 dated 26.06.2025, under Sections 498-A, 120-B IPC at Police Station Badhni Kalan, District Moga and an application for grant of maintenance, which are pending adjudication at Family Court Nihal Singh, District Moga. 7. As per the averments made in the present transfer application, the applicant-wife has no independent source of income and is solely dependent upon the mercy of her parents, who are residing at Moga. 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 SONIKA 2026.09.08 11:38 I attest to the accuracy and authenticity of this document TA-1485-2025 (O&M) --3-- 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 FIR No.107 dated 26.06.2025, under Sections 498-A, 120-B IPC at Police Station Badhni Kalan, District Moga and application for grant of maintenance, are pending adjudication at Moga, 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 petition bearing HMA-111-2025 under Section 13 of the 1955 Act, titled “Suraj Mittal vs. Neha Devi”, filed by the respondent- husband, stands transferred from the Family Court, Samana, District Patiala to the concerned Family Court, Nihal Singh, District Moga. The requisite record of the aforesaid case be sent by the Family Court, Samana, District Patiala to the Court concerned. 10. The parties are directed to appear before the ld. Family Court, Samana, District Patiala on 22.09.2026 or the date already fixed. The Court concerned shall also ensure that all the cases be listed on the same date. However, in case respondent find any mis-statement or concealment of facts on the part of the applicant in filing of the present transfer application, he shall be at liberty to approach this Court for recalling of the order passed in favour of the applicant. 11. Pending miscellaneous application(s), if any, shall also stand disposed off. 03.09.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.09.08 11:38 I attest to the accuracy and authenticity of this document