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High Court of Punjab and HaryanaTA/1413/2024allowed

Bindu Sharma v. Saurabh Kumar

2026-01-15Mrs. Justice Archana Puri4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.106 (2 cases) Date of Decision: 15.01.2026 1.

TA-1413-2024 (O&M) BINDU SHARMA ....Applicant

Versus

SAURABH KUMAR .....Respondent 2.

TA-1415-2024 (O&M) BINDU SHARMA ....Applicant

Versus

PARSHOTAM DASS SHARMA .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Aanchal Thakur, Advocate for the applicant (in both the cases).

Respondent(s) proceeded against ex parte (in both the cases) vide order dated 18.08.2025.

*****

ARCHANA PURI, J. (Oral) These are two applications, filed by Bindu Sharma-applicant, for seeking transfer of the litigation, pending between the parties to the lis. TA-1413-2024 has been filed by the applicant-wife for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/918/2024, titled 'Saurabh Kumar Vs. Bindu Sharma', filed by the respondent-husband.

TA-1415-2024 has been filed by the applicant for seeking transfer of the civil suit i.e. CS/1974/2024, titled 'Parshotam Dass Sharma Vs. Bindu Sharma', filed by the respondent in the said application (father-inlaw of the applicant). Both the aforesaid cases are pending in the Courts at Gurugram and the applicant is seeking transfer of the same to the Court of competent jurisdiction at Chandigarh, where the other litigation is already pending between the parties.

In pursuance of the notice issued, respondent(s) in the respective applications, did not make appearance and as such, were proceeded against ex parte.

Counsel for the applicant heard.

For the convenience of discussion, the facts shall be referred, as pleaded in TA-1413-2024.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the applicant-Bindu Sharma and

respondent-Saurabh Kumar, was solemnized on 22.02.2023, but no child was born from the said wedlock. Unfortunately, the matrimonial dispute arose between the parties, as a result whereof, the parties are residing separate. The applicant is not having any source of earning and as such, is dependent upon her parental family. Even, she has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as well as the petition under the Protection of Women from Domestic Violence Act, which are pending in the Courts at Chandigarh and the respondent has been proceeded against ex parte, in the said cases.

Also, it is submitted that Parshotam Dass Sharma, who is father-in-law of the applicant, is one of the respondents in the petition under the Protection of Women from Domestic Violence Act and his service has been duly effected. Now, the said petition is fixed for his appearance, in the month of February, 2026. In the application, it is stated that complaint was filed by the applicant, before the police authorities at Chandigarh. Now, it is submitted by the counsel that FIR has been registered, on the basis of the said complaint and the same is pending investigation. Also, it is submitted that the distance between the two places is about 315 kms.

In view of the aforesaid fact situation, keeping in view the fact of two litigations already pending in the Courts at Chandigarh; the fact of applicant, not having any source of earning; the distance between the two places and above all, considering the fact of the respondents i.e. husband, as well as father-in-law of the applicant, having not come forward to resist their respective application, both the transfer applications i.e.

TA-1415-2024, are hereby allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/918/2024, titled 'Saurabh Kumar Vs. Bindu Sharma', filed by the respondent-husband and the civil suit i.e. CS/1974/2024, titled 'Parshotam Dass Sharma Vs. Bindu Sharma', filed by the respondent (father-in-law of the applicant), stand transferred from the Courts at Gurugram, to the Court of competent jurisdiction at Chandigarh. The requisite record of the aforesaid cases be sent by the Courts concerned at Gurugram, to the District and Sessions Judge, Chandigarh. Learned District and Sessions Judge, Chandigarh, shall assign the said cases to the Courts of competent jurisdiction at Chandigarh. Even, the parties are directed to appear before the concerned Court(s), within a period of one month from today onwards.

(ARCHANA PURI) 15.01.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No