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2026 DAILYLAW 29984 (PNJ)

AASHNA v. GULSHAN AND OTHERS

TA/573/2026 · 2026-07-13

Harkesh Manuja

body2026

Judgment text

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284 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Transfer Application No. 573 of 2026 (O&M) Date of Decision: 13.07.2026 Aashna .......... Petitioner Versus Gulshan and others .......... Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Narender Singh Kamboj, Advocate for the petitioner. Mr. Arun Gupta, Advocate for contesting respondent No. 1. **** HARKESH MANUJA, J. (ORAL) The petitioner-wife, by way of present application/petition, seeks transfer of suit for decree of restitution of conjugal rights bearing MPL/18/2025, titled “Gulshan Versus Aashna” filed at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Yamuna Nagar, Camp Court at Bilaspur to the Court of competent jurisdiction at Karnal. [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 daughter is residing at her parental home at Village Kohand, Tehsil Garonda, District Karnal; (ii) that she has no source of income; (iii) that there is a distance of about 100 kms. between Bilaspur and Karnal; (iv) that there is threat to the petitioner from the side of respondent and his family members; (v) that two more cases filed by the petitioner are pending in the Court(s) at Karnal. DINESH KUMAR 2026.07.15 14:47 I attest to the accuracy and integrity of this document T.A. No. 573 of 2026 (O&M) [2] [3] On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the petitioner. [4] Having heard learned counsel for the parties 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 MPL/18/2025 (supra) filed at the instance of respondent-husband, stands transferred from the Family Court, DINESH KUMAR 2026.07.15 14:47 I attest to the accuracy and integrity of this document T.A. No. 573 of 2026 (O&M) [3] Yamuna Nagar, Camp Court at Bilaspur to the Court of competent jurisdiction at Family Court, Karnal. The requisite record of the aforesaid case be sent by the Family Court, Yamuna Nagar, Camp Court at Bilaspur 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 2026.07.15 14:47 I attest to the accuracy and integrity of this document