TA-291-2026 (O&M) --1-- 261 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-291-2026 (O&M) Decided on:-28.07.2026 Pooja Rani ….Applicant. vs. Mohit Kumar ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Gurdarshan S. Sidhu, Advocate, for the applicant. Mr. Bhanu Chaudhary, Advocate, for the respondent. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of petition bearing GW/20/2024, titled as “Mohit Kumar vs. Smt. Pooja Rani” filed under Section 10 of the Guardian and Wards Act, 1890 read with Section 6 of the Hindu Minority and Guardianship Act, 1956 (hereinafter to be referred as “1890 Act”) at the instance of respondent- husband; from the Court of learned Principal Judge, Family Court, Fatehabad to the competent Court of jurisdiction at Sirsa. 2. Briefly stating, the marriage between the applicant and respondent No.1 was solemnized on 26.09.2014; out of the wedlock, one girl child, namely, Garvita was born; on account of matrimonial discord between the parties, the above mentioned petition under Section 10 of the 1890 Act, came to be preferred at the instance of respondent-husband. Thereupon, the SONIKA 2026.07.30 09:30 I attest to the accuracy and authenticity of this document TA-291-2026 (O&M) --2-- present application seeking transfer thereof came to be filed by the applicant-wife. 3. Learned counsel for the applicant, inter alia, contends that the applicant-wife is residing with her parents at Sirsa. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Fatehabad to Family Court, Sirsa. 4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made in the present application. 5. I have heard learned counsel for the parties and gone through the paper-book. 6. In the present case, admittedly, the applicant-wife has filed the following three cases, which are pending adjudication at Sirsa:- (i) petition bearing No.MNT-7-2024, under Section 125 Cr.P.C. for interim maintenance; (ii) Complaint bearing COMA-74-2024; (iii) Complaint bearing No.CHI-759-2024 arising out of FIR No.39, dated 10.06.2024, under Sections 323, 34, 406, 498-A and 506 IPC. 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, who are residing at Sirsa. Besides it, the applicant is also taking care of her daughter, while staying at Sirsa. 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 SONIKA 2026.07.30 09:30 I attest to the accuracy and authenticity of this document TA-291-2026 (O&M) --3-- No. 3 to 5 thereof are reproduced 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.” 9. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since petition bearing No.MNT-7-2024, under Section 125 Cr.P.C. for interim maintenance; complaint bearing COMA-74-2024; and a complaint bearing No.CHI-759-2024 arising out of FIR No.39, dated 10.06.2024, under Sections 323, 34, 406, 498-A and 506 IPC are pending adjudication at Sirsa, 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 GW/20/2024 under Section 10 of the 1890 Act, titled “Mohit Kumar vs. Smt. Pooja Rani”, filed by the respondent-husband, stands transferred from the Family Court, Fatehabad, to the Family Court of competent jurisdiction at Sirsa. The requisite record of the aforesaid case be sent by the Family Court, Fatehabad to the Court concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed off. 28.07.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.30 09:30 I attest to the accuracy and authenticity of this document