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2026 DAILYLAW 38360 (PNJ)

SIMRAT v. SHUBHAM VERMA

TA/203/2026 · 2026-09-03

Harkesh Manuja

body2026

Judgment text

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TA-203-2026 (O&M) --1-- 285 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-203-2026 (O&M) Decided on:-03.09.2026 Simrat ….Applicant. vs. Shubham Verma ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr.Arjun Veer Sharma, Advocate for the applicant (thr. V.C.). Respondent proceeded against ex-parte. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of petition bearing No.HMA/638/2024 dated 04.07.2024 (Annexure P-1), titled “Shubham Verma vs. Simrat”, filed under Section 9 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) at the instance of respondent-husband; from the Court of learned Principal Judge (Family Court), Sirsa Camp at Dabwali to the competent Court of jurisdiction at Ludhiana. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 16.01.2024; on account of matrimonial discord between the parties, the above mentioned petition under Section 9 of the 1955 Act, came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife. SONIKA 2026.09.07 18:01 I attest to the accuracy and authenticity of this document TA-203-2026 (O&M) --2-- 3. Learned counsel for the applicant submits that the applicant is residing at her parental home at Ludhiana. Accordingly, a prayer is made for transfer of the petition under Section 9 of the 1955 Act, filed at the instance of respondent-husband from Family Court, Sirsa Camp at Dabwali to Family Court, Ludhiana. 4. I have heard learned counsel for the applicant and gone through the paper-book. 5. In the present case, admittedly, the applicant-wife has filed petition bearing MNT/125/879/2024 under Section 144 BNSS for grant of maintenance and complaint No.COMA/297/2025 under Section 12 of the Protection of Women from Domestic Violence Act, 2005, before the competent Court of jurisdiction at Ludhiana. 6. As per the averments made in the present transfer application, the applicant-wife has no independent source of income and is solely dependent at the mercy of parents, who are residing at Ludhiana which is about 210 kms away from Sirsa Camp at Dabwali. 7. 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 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 SONIKA 2026.09.07 18:01 I attest to the accuracy and authenticity of this document TA-203-2026 (O&M) --3-- Court, Indore to the Family Court, Bhopal.” 8. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since petition bearing MNT/125/879/2024 under Section 144 BNSS for grant of maintenance and complaint No.COMA/297/2025 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 are pending before the competent jurisdiction at Ludhiana , 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 petition under Section 9 of the 1955 Act, filed at the instance of respondent-husband, stands transferred from the Family Court, Sirsa Camp at Dabwali, to the Family Court of competent jurisdiction at Ludhiana. The requisite record of the aforesaid case be sent by the Family Court, Sirsa Camp at Dabwali to the Court concerned. 9. The parties are directed to appear before the ld. Court of Ludhiana on 23.09.2026 or the date already fixed. The Court concerned shall also ensure that all the cases be listed on the same date. 10. Pending miscellaneous application(s), if any, shall also stand disposed off. 03.09.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.09.07 18:01 I attest to the accuracy and authenticity of this document