Extracted from the PDF above. The PDF is authoritative.
207 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Transfer Application No. 508 of 2026 (O&M)
Date of Decision: 13.07.2026
Kiran .......... Petitioner Versus Jaswinder Kumar .......... Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Ishan Sharma, Advocate
for the petitioner.
None for the respondent.
**** HARKESH MANUJA, J. (ORAL)
The petitioner-wife, by way of present application/petition, seeks transfer of petition bearing HMA/351/2025, titled “Jaswinder Kumar Versus Kiran” filed under Section 13 of the Hindu Marriage Act, 1955 at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Kapurthala to the Court of competent jurisdiction at Hoshiarpur. [2]
Learned counsel for the petitioner prays for transfer of the above said petition on the following grounds:- (i) that the applicant-wife alongwith minor son is residing at her parental home in Village Shergarh, District Hoshiarpur; (ii) that she has no source of income; (iii) that there is a distance of about 140 kms. (both sides) between Kapurthala and Hoshiarpur; (iv) that there is threat to the petitioner from the side of respondent and his family members; (v) that one case filed by the petitioner is pending in the Court at Hoshiarpur. [3] Despite service, no one appears on behalf of the respondent. DINESH KUMAR 2026.07.14 19:14 I attest to the accuracy and integrity of this document
T.A. No. 508 of 2026 (O&M)
[2]
[4] Having heard learned counsel for the petitioner besides going through the record, 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. 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, 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/351/2025 (supra) filed at the instance of respondent-husband, stands transferred from the Family Court, Kapurthala to the Court of competent jurisdiction at Family Court, Hoshiarpur. The requisite record of the aforesaid case be sent by the Family Court, DINESH KUMAR 2026.07.14 19:14 I attest to the accuracy and integrity of this document
T.A. No. 508 of 2026 (O&M)
[3]
Kapurthala 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 13, 2026
( HARKESH MANUJA ) 'dk kamra'
JUDGE
Whether Speaking/reasoned Yes/No Whether Reportable Yes/No
DINESH KUMAR 2026.07.14 19:14 I attest to the accuracy and integrity of this document