208 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Transfer Application No. 1408 of 2025 (O&M) Date of Decision: 03.09.2026 Kavita .......... Applicant/Petitioner Versus Deepak .......... Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Ms. Kritika Mandhan, Advocate for the applicant-petitioner. None for the respondent. **** HARKESH MANUJA, J. (ORAL) The petitioner-wife, by way of present application/petition, seeks transfer of petition bearing HMA/821/2024, titled “Deepak Versus Kavita” filed under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955, at the instance of respondent-husband; from the learned Family Court, Jind, to the Court of competent jurisdiction at Hisar. [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 her parental home in Village Khasa Mahajanan, Tehsil Adampur, District Hisar; (ii) that she has no source of income; (iii) that there is a distance of about 200 kms. (both sides) between Village Khasa Mahajanan (Hisar) and Jind; (iv) that there is threat to the petitioner from the side of respondent and his family members; (v) that one more case i.e. a petition for maintenance bearing No. MNT/311/2025, filed at the instance of petitioner, is DINESH KUMAR 2026.09.07 10:39 I attest to the accuracy and integrity of this document T.A. No. 1408 of 2025 (O&M) [2] pending in the Court at Hisar. Besides, proceedings arising out of case No. DV/217/2025 instituted by the petitioner under the Protection of Women from Domestic Violence Act, 2005, are also pending before the District Court at Hisar. [3] As per office report, notice issued to the respondent has been received back duly served through mother, which is deemed to be proper service. However, no one appears on behalf of the respondent. [4] Having heard learned counsel for the petitioner 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 Manjula Singh Chouhan Versus Vishal Singh Chouhan, reported as 2019 (13) SCC 660, wherein it has been 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 paras-3 to 5 of the aforesaid decision are extracted 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. DINESH KUMAR 2026.09.07 10:39 I attest to the accuracy and integrity of this document T.A. No. 1408 of 2025 (O&M) [3] 5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.” [6] Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since two cases, as stated in para-2(v) of the above, are pending adjudication at Hisar, 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/821/2024 (supra) filed at the instance of respondent-husband, stands transferred from the Family Court, Jind to the Court of competent jurisdiction at Family Court, Hisar. The requisite record of the aforesaid case be sent by the Family Court, Jind to the Court concerned at the earliest where the parties would appear on 30.09.2026. [7] The Court concerned, where the litigation(s) is/are pending between the parties, will accommodate them with one date in one calendar month. [8] Pending miscellaneous application(s), if any, shall also stand disposed off. September 03, 2026 ( HARKESH MANUJA ) 'dk kamra' JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2026.09.07 10:39 I attest to the accuracy and integrity of this document