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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARCHANA PURI
Vineet Sharma – Appellant
Versus
Payal Sharma – Respondent
JUDGMENT :
ARCHANA PURI, J.
CM-1896-CII-2026 IN TA-143-2026;
CM-21868-CII-2025 IN TA-1387-2025 AND CM-21816-CII-2025 IN TA-1382-2025
1. Keeping in view the averments made in the applications, same are allowed.
CM-6192-CII-2026 IN TA-143-2026
2. The present application has been filed, at the behest of the applicant, for placing on record the zimini orders dated 11.02.2026 and 12.02.2026, as Annexures P-12 and P-13.
3. In view of the averments made in the application, same is allowed and requisite zimini orders are taken on record.
Main cases
4. These are three applications, filed by Vineet Sharma-applicant/husband, for seeking transfer of three litigations, pending between the parties to the lis, arising from the estranged marriage.
5. TA-143-2026 has been filed for seeking transfer of the petition under Section 25 of the Guardians and Wards Act i.e. GW/5/2022, titled ‘Vineet Sharma Vs. Payal Sharma’, filed at the instance of the applicant/father (husband of the respondent), thereby seeking custody of the minor son, born from the wedlock of the parties to the lis.
6. TA-1387-2025 has been filed for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/164/2022,
Point of law: A petition filed under Section 24 of Code seeking transfer of case shall not be based on conjectures and mystic maybes - The onus is on the person who alleges bias to substantiate that ....
The discretionary nature of the power to transfer proceedings, the need for reasonable apprehension of bias to transfer a case, and the duty of the Family Court to make efforts for settlement under S....
Transfer of divorce proceedings must be substantiated with credible evidence and convenience considerations recognize the wife's situation in marital matters.
Allegations of bias against a Presiding Officer must be substantiated with specific evidence; mere suspicion is insufficient to justify a transfer of case.
In matrimonial cases, the convenience of the wife and the ends of justice are paramount when considering transfer requests under Section 24 of the CPC.
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