205 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Transfer Application No. 522 of 2026 (O&M) Date of Decision: 16.07.2026 Payal .......... Petitioner Versus Mohit Sharma .......... Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Ms. Kamaldeep Kaur, Advocate, for the petitioner. None for the respondent despite affixation made. **** HARKESH MANUJA, J. (ORAL) The petitioner-wife, by way of present application/petition, seeks transfer of petition bearing HMA/1779/2024, titled “Mohit Sharma Versus Payal” 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, Amritsar to the Court of competent jurisdiction at Family Court, SAS Nagar (Mohali). [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 old in-laws house at Nayagaon, SAS Nagar (Mohali); (ii) that she has no source of income; (iii) that there is a distance of 220 kms. (one side) between Amritsar and SAS Nagar (Mohali); (iv) that there is threat to the petitioner from the side of respondent and his family members; (v) that one more case for maintenance filed by the petitioner is pending in the Court at SAS Nagar (Mohali). DINESH KUMAR 2026.07.17 16:43 I attest to the accuracy and integrity of this document T.A. No. 522 of 2026 (O&M) [2] [3] On the other hand, notice issued to the respondent has been received back with the report that “his mother has refused to accept notice, however, affixation made”, which in the humble opinion of this Court, is deemed to be proper service. [3.1] No one appears on behalf of the respondent. [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 DINESH KUMAR 2026.07.17 16:43 I attest to the accuracy and integrity of this document T.A. No. 522 of 2026 (O&M) [3] cases be heard together at the same place. Consequently, the transfer application is allowed and the petition bearing HMA/1779/2024 (supra) filed at the instance of respondent-husband, stands transferred from the Family Court, Amritsar to the Court of competent jurisdiction at Family Court, SAS Nagar (Mohali). The requisite record of the aforesaid case be sent by the Family Court, Amritsar 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 16, 2026 ( HARKESH MANUJA ) 'dk kamra' JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2026.07.17 16:43 I attest to the accuracy and integrity of this document