[Cites 4, Cited by 0]
Punjab-Haryana High Court
Mohit Dhand vs Priya Sharma on 28 April, 2026
Author: Archana Puri
Bench: Archana Puri
1
TA-1385-2025 AND TA-702-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.107 (2 cases)
Date of Decision: 28.04.2026
1. TA-1385-2025
MOHIT DHAND
....Applicant
Versus
PRIYA SHARMA
.....Respondent
2. TA-702-2025
PRIYA SHARMA
....Applicant
Versus
MOHIT DHAND
.....Respondent
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present:- Mr. Paramveer Singh, Advocate
for the applicant (in TA-1385-2025) and
for the respondent (in TA-702-2025).
Mr. Barjinder Singh, Advocate
for the respondent (in TA-1385-2025) and
for the applicant (in TA-702-2025).
*****
HIMANSHU VATS
2026.04.29 16:33
I attest to the accuracy and
authenticity of this document
2
TA-1385-2025 AND TA-702-2025
ARCHANA PURI, J. (Oral)
These are two applications filed by the rival parties, for seeking
transfer of two pending litigations, arising from their estranged marriage.
TA-1385-2025 has been filed by the husband, for seeking
transfer of the petition under Section 13 of the Hindu Marriage Act i.e.
HMA/16/2025, titled 'Priya Sharma Vs. Mohit Dhand', filed by the
respondent/wife, pending in the Family Court (Camp Court) Ajnala, District
Amritsar and he seeks transfer of the same to the Court of competent
jurisdiction at Ambala.
TA-702-2025 has been filed by the wife, for seeking transfer of
the petition under Section 9 of the Hindu Marriage Act i.e. HMA/84/2024,
titled 'Mohit Anand Vs. Priya Sharma', filed by the respondent/husband,
pending in the Family Court, Ambala and she seeks transfer of the same to
the Court of competent jurisdiction at Amritsar.
In pursuance of the notice issued, respective respondent(s) made
appearance through counsel in both the applications. Even, reply was filed
at the behest of Priya Sharma/wife, in TA-1385-2025. However, in TA-702-
2025, counsel for husband had given a statement that he does not want to file
separate reply to the said application and the contents of rival transfer
application i.e. TA-1385-2025, be considered as his reply.
Counsel for the parties heard.
For the convenience of discussion, the parties are referred to, as
making appearance in TA-702-2025.
TA-1385-2025 AND TA-702-2025
At the very outset, counsel for the applicant/wife submits that
the marriage between the parties to the lis, had taken place on 18.06.2021,
but no child was born from the said wedlock. Unfortunately, matrimonial
dispute arose between the parties, as a result whereof, they are residing
separate. The applicant is residing at her parental place in Ajnala, District
Amritsar. Further, it is submitted that on account of the matrimonial dispute,
the applicant had got lodged an FIR bearing No.81 dated 09.05.2024, under
Section 498-A IPC, at Police Station Ajnala, District Amritsar, which is
pending investigation.
Also, it is submitted that the applicant is working with the firm
Accenture Solutions Limited, having its head office at Noida, Uttar Pradesh
and the applicant is doing online work i.e. 'work from home'. Her parents,
on account of old age, have several medical ailments. As such, along with
her job, she is also taking care of her parents, while staying at Ajnala.
Furthermore, it is submitted that on account of her aged parents, she is
unable to pursue the litigation, thrusted upon her, at the instance of the
respondent. The distance between the two places, where the respective
petitions are pending, is stated to be about 250 kms. As such, a prayer has
been made for acceptance of TA-702-2025 and dismissal of TA-1385-2025.
On the other hand, counsel for the respondent/husband, while
making reference to the contents of TA-1385-2025, though, do not
disputeabout the date of marriage and no child having born from the said
wedlock, but however, he submits that the applicant has not come to the
Court with clean hands. In fact, she is working in a firm at Noida and is
TA-1385-2025 AND TA-702-2025
drawing a handsome salary of Rs.1,40,000/- per month. As such, she is
well-educated and confident lady and therefore, she can easily pursue the
litigation, if it remains pending/transferred to Ambala.
Also, counsel for the respondent submits that the respondent has
various health issues. He is suffering from persistent and serious back injury
since 2023. Even, he remained admitted in Dhanwantri Hospital, for a
period of 15 days and also remained admitted in GMCH, Sector 32,
Chandigarh, qua the said injury. Also, it is submitted that the respondent is
currently undergoing the treatment. Furthermore, it is submitted that the
applicant is earning, much more than the respondent. Counsel, while
making reference to the e-mails, relied upon by the applicant, which have
been subsequently brought on record, submits that the same cannot be taken
into consideration, as the e-mails have not been brought on record in due
course, in accordance with law. Also further, it is submitted that even, as per
the said e-mails, the applicant is required to proceed to her workplace, at
least once in a fortnight.
Counsel also submits that it was only during the pendency of
the present application(s) that the e-mails referred about about the visit of
the applicant to Noida office, meaning thereby, it was from the date of the e-
mails i.e. 14.04.2026. In fact, the counsel for the respondent submits that
there is concealment, with regard to the applicant staying at Noida and
pursuing her job. As such, he makes a prayer for entire litigation to remain
pending/transferred to Ambala.
TA-1385-2025 AND TA-702-2025
In view of the submissions aforesaid, at the very outset, it is
pertinent to mention that while adjudicating on the transfer application,
relating to the matrimonial dispute, the Courts generally lean towards
convenience of the wife, but however, the same is not a thumb rule. Various
other circumstances, spelt out from the material brought on record, ought to
be taken into consideration and then, an attempt has to be made by the
Courts to balance the convenience/inconvenience of both the spouses.
Adverting to the case in hand, it is pertinent to mention that
there is no child born from the estranged marriage. Also, it is evident from
the material brought on record that the applicant is a well-educated lady,
who is a software engineer and is working in a firm in Noida, Uttar Pradesh.
Though, the applicant has alleged that she is pursuing her job while 'working
from home' i.e. from her parental place at Ajnala, but however, one thing is
certain that she is financially independent. Even though, much resistance is
shown to the e-mails brought on record, about the applicant working from
home and also about her visit to the head office once a fortnight, but
however, even if the said e-mails are taken into consideration, it is evident
that at least, once a fortnight, the applicant is required to go to her workplace
at Noida.
Petition under Section 9 of the Hindu Marriage Act, filed by the
husband, is pending at Ambala. The distance of Ajnala to Ambala is about
275 kms. and the distance from Ambala to Noida is about 235 kms.,
meaning thereby, if the applicant is required to pursue her job and reach her
head office, once a fortnight, it is a long distance, which is required to be
TA-1385-2025 AND TA-702-2025
covered. Definitely, Ambala falls in between, but in any case, the distance
from Noida to Ambala is too long. Suffice to consider the medical record of
the respondent also, which has been brought on record. It is stated that he is
having a back problem. The aforesaid fact also has to be taken into
consideration.
In view of the aforesaid, considering the distance, which the
parties are required to cover, to pursue the litigation, pending at respective
places and also keeping in view the other circumstances, spelt out from the
material brought on record, an option was given by the Court to transfer the
pending litigation at Ludhiana, which is approximately mid-way station and
the said offer is acceptable to both the counsel. The said option has been
given, while considering the applicant herself to be going to her workplace
at Noida, after every 15 days.
Since the requisite option given by the Court is acceptable to
both the counsel for the applicant, as well as the respondent, making the
balance of the convenience/inconvenience of both the sides, both the transfer
applications i.e. TA-1385-2025 and TA-702-2025, are hereby partly
allowed and the petition under Section 13 of the Hindu Marriage Act i.e.
HMA/16/2025, titled 'Priya Sharma Vs. Mohit Dhand', filed by the wife, as
well as the petition under Section 9 of the Hindu Marriage Act i.e.
HMA/84/2024, titled 'Mohit Anand Vs. Priya Sharma', filed by the husband,
stand transferred from the concerned Courts, to the Court of competent
jurisdiction at Ludhiana. The requisite records of the aforesaid cases be sent
by the Courts concerned, to the District and Sessions Judge, Ludhiana.
TA-1385-2025 AND TA-702-2025
Learned District and Sessions Judge, Ludhiana, shall assign the
said cases to the Family Court (Ludhiana). Even, the parties are directed to
appear before the Court concerned, within a period of one month from today
onwards.
The Court concerned, where the case will be assigned, shall
make an endeavour to adjourn the cases, preferably for one and the same
date.
(ARCHANA PURI)
28.04.2026 JUDGE
Himanshu Vats
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
