Shefalika Malhan v. Jigar Dalsania

TA-146-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.215 TA-146-2025 Date of Decision: 13.05.2025 SHEFALIKA MALHAN ....Applicant

Versus

JIGAR DALSANIA .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Preeti Manderna, Advocate for the applicant.

Mr. Jaskaran Singh, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) Mr. Jaskaran Singh, Advocate, has made appearance on behalf of respondent and filed Power of Attorney, which is taken on record. At this stage, counsel for the respondent, as per the instructions received from the respondent, submits that he has no objection if the transfer application is accepted and the civil suit is transferred from Ambala to Panchkula. The applicant/wife has filed the present application for seeking transfer of the suit for damages for defamation and permanent injunction i.e. CS/222/2024 titled "Jigar Dalsania v/s Shefalika Malhan" filed by the respondent/husband, which is pending in the Family Court, Ambala and she seeks transfer of the same to the court of competent jurisdiction at Panchkula.

Considering the statement so made aforesaid and also counsel for the applicant has pin-pointed that the daughter born from the wedlock of Sonu 2025.05.14 08:35 I agree to specified portions of this document P&HHC

TA-146-2025 the parties, aged about 21⁄2 years, is in the care and custody of the applicant. Besides the aforesaid litigation, the divorce petition filed at the instance of the respondent, which was pending in the court at Ambala, was also transferred in the courts at Panchkula, vide order dated 26.09.2023, passed in the transfer application i.e. TA-1246-2023, copy whereof is Annexure P-4. Even, the petition filed under the Guardians and Wards Act, filed at the instance of the respondent, is also pending in the courts at Panchkula. Considering the aforesaid fact situation and also the submission made by the counsel for the respondent, the transfer application is hereby allowed and the civil suit i.e.

CS/222/2024 titled "Jigar Dalsania v/s Shefalika Malhan" filed by the respondent/husband, stands transferred from the Family Court, Ambala, to the Court of competent jurisdiction at Panchkula. The requisite record of the aforesaid case be sent by the Family Court, Ambala, to the District and Sessions Judge, Panchkula. Learned District and Sessions Judge, Panchkula, shall assign the said petition to the Family Court, Panchkula. Even, the parties are directed to appear before the Family Court, Panchkula, within a period of one month from today onwards.

(ARCHANA PURI) 13.05.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.05.14 08:35 I agree to specified portions of this document P&HHC