IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.115 (2 cases)

Date of Decision: 11.09.2025

1. TA-688-2025 DEEPSHIKHA ....Applicant Versus VIKAS .....Respondent

2. TA-334-2024 VIKAS ....Applicant Versus DEEPSHIKHA .....Respondents CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Aditya Jain, Mr. Yatin Mehta, Mr. Rahul Vohra and Mr. Rajat Singla, Advocates for the applicant (in TA-688-2025) and for the respondent (in TA-334-2024).

Mr. Kulbhushan Sharma, Advocate for the respondent (in TA-688-2025) and for the applicant (in TA-334-2024).

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ARCHANA PURI, J. (Oral)

These are two rival applications, filed by the parties to the lis, for seeking transfer of the litigation, pending between them.

TA-688-2025 has been filed by the applicant-wife for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. DMC/997/2023, titled ‘Vikas Vs. Deepshikha’, filed by the respondent- husband, pending in the Family Court, Sonepat and she seeks transfer of the same to the Court of competent jurisdiction at Gurugram.

TA-334-2024 has been filed by the applicant-husband for seeking transfer of the complaint under the Protection of Women from Domestic Violence Act i.e. DV/381/2023, titled ‘Deepshikha Vs. Vikas Sharma and others’ and the petition under Section 125 Cr.P.C. i.e. MNT- 125/508/2023, titled ‘Deepshikha Vs. Vikas Sharma’, filed by the respondent-wife, which are pending in the Courts at Gurugram, and he seeks transfer of the same to the Court of competent jurisdiction at Sonepat.

Both the counsel, who are making appearance for the respondent in the cross-transfer application, had given a statement that the contents of their transfer application, be considered as reply in the connected application.

Counsel for the parties heard.

For the convenience of discussion, the parties as well as the facts, shall be referred, as pleaded in TA-334-2024.

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 01.11.2009. Two children were born from the said wedlock; one boy and one girl, who are in the age-group of 7-9 years and are in the care and custody of the applicant-husband/father. However, on account of the matrimonial dispute, the parties are entangled in litigation. In fact, it is submitted that the applicant has filed the divorce petition, which is pending in the Courts at Sonepat. Besides the same, the respondent has filed the petition under 6 of the Hindu Minority and Guardianship Act, read with Section 25 of the Guardianship and Wards Act i.e. HMG/2003/2024, which is pending in the Courts at Sonepat. Moreover, it is submitted that the respondent is a well-educated lady and she is working as an ‘Assistant Professor’, in the College at Gurugram. Though, in the application filed by the husband, the earnings have been asserted to the extent of Rs.80,000/- per month, but however, in the application filed by the wife herself, her earnings are stated to be to the extent of Rs.36,000/-. In the given circumstances, it is submitted that the applicant can very well pursue the litigation, if it remains pending at Sonepat, more particularly, considering the ‘best interest’ of the children and also considering the guardianship petition pending at Sonepat. As such, a prayer has been made for acceptance of TA-334-2024 and dismissal of TA-688-2025.

On the other hand, counsel for the respondent-wife, has refuted the claim for transfer. In fact, it is submitted that there was fault on the part of the applicant-husband. He had not allowed the respondent-wife/mother, to take the children along with her. The respondent had filed complaint before the police authorities, copy whereof is Annexure P-4 and the same is still pending. It was only under the constrained circumstances, that the respondent had filed the guardianship petition, which is pending in the Courts at Sonepat. On account of her job exigencies, she finds it difficult to pursue the litigati