Extracted from the PDF above. The PDF is authoritative.
TA-993-2025 (O&M) --1-- 204 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-993-2025 (O&M) Decided on:-02.09.2026 Deepti ….Applicant. vs. Parveen Kumar Gambhir ….Respondent.
CORAM:
HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. G.P.S. Randhawa, Advocate, for the applicant. Mr. M.S. Saini, Advocate, for the respondent. ***** HARKESH MANUJA J. (Oral)
1. The applicant-wife, by way of present application, seeks transfer of petition bearing HMA/574/2024, titled as “Parveen Kumar Gambhir vs. Deepti” 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 Principal Judge, Family Court, Nawan Shehar to the competent Court of jurisdiction at Ludhiana.
2. Briefly stating, the marriage between the applicant and respondent was solemnized on 31.05.2010; out of the wedlock three girl children were born; 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. SONIKA 2026.09.08 11:38 I attest to the accuracy and authenticity of this document
TA-993-2025 (O&M) --2--
3.
Learned counsel for the applicant, inter alia, contends that the applicant-wife along with her three daughters is residing with her parents, who are residing at Ludhiana. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Nawan Shehar to Family Court at Ludhiana. 4. On the other hand, learned counsel appearing on behalf of the respondent vehemently opposes the prayer made in the transfer application. 5. I have heard learned counsel for the parties and gone through the paper-book. 6. In the present case, admittedly, the respondent-husband filed petition under Section 25 of the Guardian and Wards Act, 1890 which is pending before the Principal Judge, Family Court, Ludhiana. Besides it, the applicant filed a petition under Section 125 Cr.P.C., which also came to be allowed on 16.12.2025. Thereafter, when respondent-husband failed to comply with the order, the applicant-wife filed the execution application, which is pending before the ld. Family Court, Ludhiana. 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. Besides it, the applicant is taking care of her three daughters, while residing at Ludhiana. 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:- SONIKA 2026.09.08 11:38 I attest to the accuracy and authenticity of this document
TA-993-2025 (O&M) --3--
“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, in the humble opinion of this Court, since execution application is pending adjudication at Ludhiana and the respondent-husband himself filed a petition under Guardian & Wards Act, 1890 in Ludhiana, 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/574/2024 under Section 13 of the 1955 Act, titled “Parveen Kumar Gambhir vs. Deepti”, filed by the respondent-husband, stands transferred from the Family Court, Nawan Shehar, to the concerned Family Court, Ludhiana. The requisite record of the aforesaid case be sent by the Family Court, Nawan Shehar to the Court concerned. 10. The parties are directed to appear before the ld. Court of Ludhiana on 21.09.2026. The Court concerned shall also ensure that all the cases be listed on the same date. 11. Pending miscellaneous application(s), if any, shall also stand
disposed off. 02.09.2026
(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