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TA-1258-2025 AND TA-787-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Sr. No.112 (2 cases)

Date of Decision: 28.01.2026

1. TA-1258-2025

POONAM DEVI

....Applicant

Versus

VIKASH

.....Respondent

2. TA-787-2025

VIKAS ALIAS VIKASH

....Applicant

Versus

POONAM

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:- Mr. Deepak Kumar Bartia, Advocate

for the applicant (in TA-1258-2025) and

for the respondent (in TA-787-2025).

Mr. Ram Kumar Saini, Advocate

for the respondent (in TA-1258-2025) and

for the applicant (in TA-787-2025).

*****

ARCHANA PURI, J. (Oral)

These are two applications filed by the rival parties, to seek

transfer of the litigation, pending between them.

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TA-1258-2025 AND TA-787-2025

TA-1258-2025 has been filed by the wife, for seeking transfer

of the petition under Section 13 of the Hindu Marriage Act i.e.

HMA/1131/2024, titled ‘Vikash Vs. Poonam’, filed at the instance of

husband, pending in the Family Court, Hisar and she seeks transfer of the

same to the Court of competent jurisdiction at Bilaspur, District Yamuna

Nagar.

TA-787-2025 has been filed by the husband, for seeking transfer

of the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita,

2023 i.e. MNT/125/79/2024, titled ‘Poonam Vs. Vikas’, filed by the wife,

pending in the Family Court (Camp Court) Bilaspur, District Yamuna Nagar

and he seeks transfer of the same to the Court of competent jurisdiction at

Hisar.

In pursuance of the notice issued in both the applications,

respective respondent(s) made appearance through counsel and filed replies.

Counsel for the parties heard.

For the convenience of discussion, the parties shall be referred

to, as pleaded in TA-787-2025.

At the very outset, it is submitted by the counsel for the

applicant that the marriage between the parties to the lis, had taken place on

02.05.2022, but no child was born from the said wedlock. However, on

account of the matrimonial dispute, the parties are residing separate. It is

submitted by the counsel for the applicant that divorce petition was filed, at

the instance of the applicant, at first instance and only as a counter-blast to

the same, the petition under Section 144 of the Bharatiya Nagarik Suraksha

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TA-1258-2025 AND TA-787-2025

Sanhita, 2023, was filed by the respondent. Even, the transfer application

i.e. TA-1258-2025, was filed by the respondent to seek transfer of the

divorce petition, subsequently, when the applicant had filed the transfer

application, seeking transfer of the maintenance petition. Further, it is

submitted that the applicant is working as ‘Technician Grade-III’, in the

Meahcnical Department of Northern Railways Mechanical Workshop,

situated at Amritsar. On account of his job constraints, it is difficult for the

applicant, to pursue the maintenance petition, pending in the Family Court

(Camp Court) Bilaspur, District Yamuna Nagar, which is at a distance of

about 330 kms. from Amritsar i.e. his place of posting. However, the

distance between Yamuna Nagar and Hisar is about 210 kms.

Given the same, it is submitted that comparative inconvenience

of the applicant/husband is more and the respondent/wife can very well

pursue the divorce petition, as well as the maintenance petition, if so

transferred, in the Courts at Hisar.

On the other hand, counsel for the respondent has refuted the

claim of the applicant. Though, it is submitted that there is no child born

from the estranged marriage, but however, the applicant herself is not having

any source of earning. She has filed the maintenance petition i.e.

MNT/125/79/2024, which is pending in the Courts at Bilaspur and the same

is at appearance stage. The applicant has yet not made appearance in the

same. Besides the same, it is submitted that FIR bearing No.9 dated

10.01.2025, under Sections 115, 351 and 85 of the Bharatiya Nagarik

Suraksha Sanhita, 2023, has been got lodged by the respondent at Police

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