TA No.811 of 2026 111 IN THE HIGH COURT OF PUNJAB AND HARYANA Shailja Sharma Vs Pankaj Kumar CORAM: HON'BLE MR. JUSTICE Present: Mr. Raj Kaushik, Advocate for the applicant/petitioner. Mr. for the respondent. HARKESH MANUJA, J. The applicant petition bearing Sharma”, filed under Section (hereinafter to be referred as “ husband; from the Court of learned to the Court of competent jurisdiction at [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on discord between the parties, the above mentioned petition came to be preferred at the instance of respondent application seeking transfer [3] Reply on behalf of the respondent to the transfer application has been filed in Court today. The same is tak has been placed on record. Registry to tag the same at appropriate place. 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: 02.09 Shailja Sharma Vs Pankaj Kumar HON'BLE MR. JUSTICE HARKESH MANUJA . Raj Kaushik, Advocate for the applicant/petitioner. Mr. Anuj Malik, Advocate for the respondent. **** HARKESH MANUJA, J. The applicant-wife, by way of present case, seeks transfer of petition bearing No. HMA/397/2026, titled , filed under Sections 13 of the Hindu Marriage Act, 1955 hereinafter to be referred as “petition”) at the instance of respondent husband; from the Court of learned Principal Judge, Family Court, of competent jurisdiction at Panchkula Briefly stating, the marriage between the petitioner and respondent was solemnized on 23.09.2023 discord between the parties, the above mentioned petition came to be red at the instance of respondent-husband. application seeking transfer thereof came to Reply on behalf of the respondent to the transfer application has been filed in Court today. The same is tak has been placed on record. Registry to tag the same at appropriate place. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 811-2026 (O&M) 02.09.2026 ......Petitioner …..Respondent HARKESH MANUJA wife, by way of present case, seeks transfer of , titled “Pankaj Kumar Vs. Shailza of the Hindu Marriage Act, 1955 ) at the instance of respondent Principal Judge, Family Court, Barnala Panchkula. Briefly stating, the marriage between the petitioner and 23.09.2023; on account of matrimonial discord between the parties, the above mentioned petition came to be husband. Thereupon, the present came to be filed by the applicant-wife. Reply on behalf of the respondent to the transfer application has been filed in Court today. The same is taken on record. Copy thereof has been placed on record. Registry to tag the same at appropriate place. 1 wife, by way of present case, seeks transfer of Pankaj Kumar Vs. Shailza of the Hindu Marriage Act, 1955 ) at the instance of respondent- Barnala, Briefly stating, the marriage between the petitioner and on account of matrimonial discord between the parties, the above mentioned petition came to be the present wife. Reply on behalf of the respondent to the transfer application en on record. Copy thereof has been placed on record. Registry to tag the same at appropriate place. SANJAY GUPTA 2026.09.03 18:41 I attest to the accuracy and integrity of this document TA No.811 of 2026 [4] Learned counsel for the applicant, applicant-wife is residing prayer is made for transfer of the above mentioned petition filed at the instance of respondent Family Court, Barnala [5] Learned prayer made on behalf of the applicant has not approached the Court with clean hands. [6] I have heard learned counsel for the the paper-book. [7] In the present case, admittedly, the applicant petition for grant of maintenance bearing No. Shailja Sharma and another Vs. Pankaj Kumar @ Ashu learned Principal Judge, Family Court, [8] As per the averments made in the present transfer application, the applicant-wife is residing with her parents and has no independent source of income. litigation and travelling expenses in pursui financials, she is totally dependent upon her parents. Moreover, the applicant-wife is suffering from epilepsy and is prone to sudden medical episodes and health complications, particularly during long distance travel. [9] Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan “2019 (13) SCC 660” connected matrimonial proceedings should ordinarily be heard by the 2026 Learned counsel for the applicant, wife is residing at Nayagoan, SAS Nagar, Mohali prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from the Court of Barnala to the Court of competent jurisdiction at earned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant while contending that the has not approached the Court with clean hands. I have heard learned counsel for the book. In the present case, admittedly, the applicant for grant of maintenance bearing No. hailja Sharma and another Vs. Pankaj Kumar @ Ashu learned Principal Judge, Family Court, Panchkula. As per the averments made in the present transfer application, wife is residing with her parents and has no independent source of income. The applicant is facing great difficulty in bearing the litigation and travelling expenses in pursui financials, she is totally dependent upon her parents. Moreover, the wife is suffering from epilepsy and is prone to sudden medical episodes and health complications, particularly during long distance travel. Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan Versus Vishal Singh Chouhan 2019 (13) SCC 660” held that in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the Learned counsel for the applicant, inter alia, contends that the Nayagoan, SAS Nagar, Mohali. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the the Court of learned Principal Judge, of competent jurisdiction at Panchkula counsel for the respondent vehemently opposes the while contending that the applicant has not approached the Court with clean hands. I have heard learned counsel for the parties and gone through In the present case, admittedly, the applicant-wife has filed a for grant of maintenance bearing No. MNT/125/153/2024 tilted as hailja Sharma and another Vs. Pankaj Kumar @ Ashu, before the Panchkula. As per the averments made in the present transfer application, wife is residing with her parents and has no independent The applicant is facing great difficulty in bearing the litigation and travelling expenses in pursuing the said case and for financials, she is totally dependent upon her parents. Moreover, the wife is suffering from epilepsy and is prone to sudden medical episodes and health complications, particularly during long distance travel. Furthermore, the Hon’ble Supreme Court in the case of Vishal Singh Chouhan, reported as held that in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same 2 the Accordingly, a prayer is made for transfer of the above mentioned petition filed at the Principal Judge, Panchkula. counsel for the respondent vehemently opposes the applicant and gone through wife has filed a tilted as before the As per the averments made in the present transfer application, wife is residing with her parents and has no independent The applicant is facing great difficulty in bearing the ng the said case and for financials, she is totally dependent upon her parents. Moreover, the wife is suffering from epilepsy and is prone to sudden medical episodes and health complications, particularly during long distance travel. Furthermore, the Hon’ble Supreme Court in the case of reported as held that in the interest of both the parties, all same SANJAY GUPTA 2026.09.03 18:41 I attest to the accuracy and integrity of this document TA No.811 of 2026 Court and accordingly, allowed the transfer application therein. Relevant paragraphs No.3 to 5 thereof are extracted hereunder: “3. 4. 5. [10] Considering the aforesaid facts and circumstances, in the humble opinion of this grant of maintenance Sharma and another Vs. Pankaj Kumar @ Ashu Principal Judge, Family Court, is pending at Panchkula parties that all their cases be heard together same date. [11] Consequently, the transfer application is petition under Section titled “Pankaj Kumar Vs. Shailza Sharma husband; stands transferred Family Court, Barnala 2026 Court and accordingly, allowed the transfer application therein. Relevant paragraphs No.3 to 5 thereof are extracted hereunder: 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. 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. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal” Considering the aforesaid facts and circumstances, in the humble opinion of this Court since a case under Section 144 of BNSS for grant of maintenance bearing No. MNT/125 Sharma and another Vs. Pankaj Kumar @ Ashu Principal Judge, Family Court, Panchkula, filed at the instance of applicant Panchkula, therefore, it would be in the interest of both the parties that all their cases be heard together Consequently, the transfer application is petition under Section 13 of the Hindu Marriage Act i.e. Pankaj Kumar Vs. Shailza Sharma stands transferred from the Court of learned Barnala, to the Court of competent jurisdiction at Court and accordingly, allowed the transfer application therein. Relevant paragraphs No.3 to 5 thereof are extracted hereunder:- 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 e 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 We are of the view that it will be in the interests of both the that all their cases be heard together by the same Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal” Considering the aforesaid facts and circumstances, in the since a case under Section 144 of BNSS for 125/153/2024 tilted as Shailza Sharma and another Vs. Pankaj Kumar @ Ashu, before the learned , filed at the instance of applicant it would be in the interest of both the parties that all their cases be heard together at the same place on the Consequently, the transfer application is allowed and the of the Hindu Marriage Act i.e.HMA/397/2026 Pankaj Kumar Vs. Shailza Sharma”, filed by the respondent from the Court of learned Principal Judge, of competent jurisdiction at Panchkula 3 Court and accordingly, allowed the transfer application therein. Relevant 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 e 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 We are of the view that it will be in the interests of both the that all their cases be heard together by the same Therefore, H.M.A. Case No.71/2016 is transferred from Considering the aforesaid facts and circumstances, in the since a case under Section 144 of BNSS for Shailza learned , filed at the instance of applicant it would be in the interest of both the at the same place on the the 397/2026, respondent- Principal Judge, Panchkula. SANJAY GUPTA 2026.09.03 18:41 I attest to the accuracy and integrity of this document TA No.811 of 2026 The requisite record of the aforesaid case be sent by the Family Court, Barnala to the Family Court at [12] Parties are directed to appear before the Court of competent jurisdiction on 22.09.2026. [13] Pending miscellaneous application(s), if any, shall also stand disposed of. 02.09.2026 sanjay Whether speaking/reasoned Whether reportable 2026 The requisite record of the aforesaid case be sent by the Family Court, to the Family Court at Panchkula. Parties are directed to appear before the Court of competent jurisdiction on 22.09.2026. ending miscellaneous application(s), if any, shall also stand Whether speaking/reasoned Whether reportable The requisite record of the aforesaid case be sent by the Family Court, Parties are directed to appear before the Court of competent ending miscellaneous application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Yes/No Yes/No 4 The requisite record of the aforesaid case be sent by the Family Court, Parties are directed to appear before the Court of competent ending miscellaneous application(s), if any, shall also stand SANJAY GUPTA 2026.09.03 18:41 I attest to the accuracy and integrity of this document