Extracted from the PDF above. The PDF is authoritative.
TA-883-2026 (O&M) --1-- 102 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-883-2026 (O&M) Decided on:-10.09.2026 Jasmine William ….Applicant. vs. Piyush Masih ….Respondent.
CORAM:
HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr.Vrishketu, Advocate, for the applicant. Mr. Ricky Verma, Advocate, for the respondent. ***** HARKESH MANUJA J. (Oral)
1. The applicant-wife, by way of present application, seeks transfer of petition No.DMC-6-2025, titled as “Piyush Masih vs. Jasmine William” filed under Section 10 (x) of the Divorce Act, 1869 (hereinafter to be referred as “1869 Act”) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Derabassi (SAS Nagar Mohali) to the competent Court of jurisdiction at Panchkula.
2. Briefly stating, the marriage between the applicant and respondent was solemnized on 28.02.2024; out of the wedlock one male child was born on 22.11.2025; on account of matrimonial discord between the parties, the above mentioned petition under Section 10 (x) of the 1869 Act, came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the SONIKA 2026.09.11 18:23 I attest to the accuracy and authenticity of this document
TA-883-2026 (O&M) --2-- applicant-wife.
3.
Learned counsel for the applicant, inter alia, contends that the applicant-wife along with her son is residing with her parents, who are residing at Kalka, District Panchkula. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent- husband from Family Court, Derabassi (SAS Nagar Mohali) to competent Court of jurisdiction at Panchkula. 4. On the other hand learned counsel appearing on behalf of the respondent vehemently opposes the prayer made in the present transfer 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 complaint No.COMA-24-2025 under Sections 12, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005, which is pending adjudication at Kalka. 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 Kalka, District Panchkula. Besides it, the applicant is taking care of her minor son, while residing at Kalka, District Panchkula. 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 2026.09.11 18:23 I attest to the accuracy and authenticity of this document
TA-883-2026 (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 complaint No.COMA-24-2025 under Sections 12, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005, is pending adjudication at Kalka, 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 DMC-6-2025 under Section 10 (x) of the 1869 Act, titled “Piyush Masih vs. Jasmine William”, filed by the respondent-husband, stands transferred from the Family Court, Derabassi (SAS Nagar Mohali), to the concerned Court of jurisdiction at Kalka, District Panchkula. The requisite record of the aforesaid case be sent by the Family Court, Derabassi (SAS Nagar Mohali) to the Court concerned. 10. The parties are directed to appear before the ld. Family Court, Kalka, District Panchkula on 29.09.2026 or the date already fixed. The Court concerned shall also ensure that all the cases be listed on the same date. 11. Pending miscellaneous application(s), if any, shall also stand
disposed off. 10.09.2026
(HARKESH MANUJA) sonika
JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.09.11 18:23 I attest to the accuracy and authenticity of this document