IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

245 (i) TA-1606-2024 (O&M)

Manmeet Kaur Pasricha ...Applicant VERSUS Bikramjeet Singh Pasricha and another ...Respondents (ii) TA-358-2025 (O&M)

Manmeet Kaur Pasricha ...Applicant VERSUS Bikramjeet Singh Pasricha ...Respondent Date of Decision: January 21, 2026 CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present: Mr.Pawandeep Singh, Advocate for the applicant.

Mr.Sandeep Arora, Advocate for the contesting respondent.

****

ARCHANA PURI, J.

The applicant-wife has filed these two transfer applications, for seeking transfer of the pending litigation between the parties.

TA-1606-2024 has been filed for seeking transfer of the petition under Sections 6 and 13 of the Hindu Minority & Guardianship Act, read with Sections 7, 8 and 26 of the Guardian and Wards Act, bearing No.GW-192- 2024 and TA-358-2025 has been filed for seeking transfer of the petition under Section 9 of the Hindu Marriage Act, bearing No.HMA-52-2024, both filed by the respondent-husband, pending in the Family Court, Jalandhar and she seeks transfer of the same to the Court of competent jurisdiction at SAS Nagar, Mohali.

In pursuance of the notice issued, the contesting respondent made appearance through counsel and filed respective replies.

Learned counsel for the parties heard.

For the convenience of discussion, the facts are taken from TA-

358-2025.

At the very outset, it is submitted by learned counsel for the applicant that marriage between the parties to the lis had taken place on 23.03.2014 and one son, born from the said wedlock, who is aged about 9 years, at present, is in the care and custody of the applicant. The applicant herself is also a teacher by profession and she is working in Vidya Valley Senior Secondary School, SAS Nagar, Mohali and the child is also a student of Class-I in Shemrock Primary School, SAS Nagar, Mohali. In the given circumstances, it shall be difficult for the applicant also to pursue both the litigation, which are pending in the Courts at Jalandhar.

Moreover, the applicant has also got lodged FIR No.144 dated

12.10.2024 under Sections 406 and 498-A IPC, at Police Station Women Cell, SAS Nagar, Mohali. Learned counsel for the applicant submits that at the time of filing of the application, the said FIR was pending investigation, but however, after culmination of the investigation, the challan has since been presented and the respondent is making appearance in the same and it is at the stage of framing of the charge. Considering the litigation already pending and also the distance between the two places to be 150 kms. and the fact of the child to be in the custody of the applicant, a prayer has been made for acceptance of the transfer application.

On the other hand, learned counsel for the respondent, while making reference to the reply submits that on account of wrongful conduct of the parents of the applicant, who took away the child in deceitful manner, while he was in the school and thus, the applicant is not entitled to seek transfer of the pending litigation. Moreover, she is a working woman and can very well pursue the litigation, if it remains pending at Jalandhar.

In view of the submissions aforesaid, it is pertinent to note that while adjudicating the transfer application, relating to the matrimonial dispute, various factors ought to be taken into consideration, such like, educational qualification of the spouses, their source of earning and if any child is born from the wedlock, which spouse is having the custody of the child and his/her financial capability to take care of the child, the distance between the two places, convenience/inconvenience of the parties etc., so on and so forth. However, no straitjacket formula of universal application can be applied, while considering the transfer application of matrimonial dispute.

Each case has to be adjudicated, in its own factual background.

In the case in hand, though much emphasis has been laid upon the applicant to be well educated and worki