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.

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 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 Station Farakpur, District Yamuna Nagar and the same is pending investigation.

In the light of the same and considering the fact of criminal case, which is pending investigation, cou