Extracted from the PDF above. The PDF is authoritative.
TA No.1322 of
206 IN THE HIGH COURT OF PUNJAB AND HARYANA
Monika
Vs
Rahul Siraswal
CORAM: HON'BLE MR. JUSTICE
Present: Mr. Rishabh Gupta, Advocate
for the applicant/ petitioner.
Mr. Rahul Singh, Advocate for the respondent.
HARKESH MANUJA, J. (Oral)
The applicant divorce petition bearing no. Monika”, filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “ respondent-husband; from the Court of learned Princi Court, Ambala Karnal. [2]
Briefly stating, the marriage between the respondent was solemnized on namely, Devansh 1322 of 2025
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Transfer Application No. 1322 of 2025 (O&M)
Date of Decision: 07.07.2026
Vs Rahul Siraswal
HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Rishabh Gupta, Advocate for the applicant/ petitioner. Mr. Rahul Singh, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present case, seeks transfer of divorce petition bearing no. HMA-717/2025 , filed under Section 13 of the Hindu Marriage Act, 1955 hereinafter to be referred as “divorce petition husband; from the Court of learned Princi Ambala to the Court of learned Principal Judge, Family Court, Briefly stating, the marriage between the respondent was solemnized on 16.04.2016 Devansh, was born on 25.04.2017
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 1322 of 2025 (O&M) Date of Decision: 07.07.2026
......Petitioner
…..Respondent HARKESH MANUJA wife, by way of present case, seeks transfer of 717/2025, titled “Rahul Siraswal Vs. , filed under Section 13 of the Hindu Marriage Act, 1955 divorce petition”) at the instance of husband; from the Court of learned Principal Judge, Family to the Court of learned Principal Judge, Family Court, Briefly stating, the marriage between the petitioner and 16.04.2016; out of their wedlock, a child 25.04.2017; on account of matrimonial 1 wife, by way of present case, seeks transfer of Siraswal Vs. , filed under Section 13 of the Hindu Marriage Act, 1955 ) at the instance of pal Judge, Family to the Court of learned Principal Judge, Family Court, and ; out of their wedlock, a child ; on account of matrimonial SANJAY GUPTA 2026.07.09 18:13 I attest to the accuracy and integrity of this document
TA No.1322 of
discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent present application seeking transfer thereof came to be filed b applicant-wife. [3]
Learned counsel for the applicant, applicant is residing alongwith her minor Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at t Ambala to Family Court, [4]
On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. [5]
I have heard learned counsel for the parties the paper-book. [6]
In the present case, admittedly, the applicant MNT No. 125/267/2025 from the respondent Family Court, application for interim maintenance 498-A, registered at Police Station Sadar Karnal, in which challan has not yet been presented. [7]
As per the averments made in the p the applicant-wife is residing with her source of income. [8]
Furthermore, the Hon’ble Supreme Court in Manjula Singh Chouhan 1322 of 2025
discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent present application seeking transfer thereof came to be filed b .
Learned counsel for the applicant, applicant is residing alongwith her minor Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent to Family Court, Karnal. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. I have heard learned counsel for the parties book. In the present case, admittedly, the applicant MNT No. 125/267/2025 under Section 144 BNSS from the respondent-husband before the Court of learned Principal Judge, Family Court, Karnal, in which arguments have been heard on the application for interim maintenance and an FIR No.894 under Sections 406, A, registered at Police Station Sadar Karnal, in which challan has not yet been presented. As per the averments made in the p wife is residing with her brother source of income. Furthermore, the Hon’ble Supreme Court in Manjula Singh Chouhan Versus Vishal Singh Chouhan
discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the
Learned counsel for the applicant, inter alia, contends that the applicant is residing alongwith her minor son at her brother’s house. Accordingly, a prayer is made for transfer of the above mentioned divorce he instance of respondent-husband from Family Court, On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. I have heard learned counsel for the parties and gone through In the present case, admittedly, the applicant-wife has filed 144 BNSS, seeking maintenance husband before the Court of learned Principal Judge, , in which arguments have been heard on the and an FIR No.894 under Sections 406, A, registered at Police Station Sadar Karnal, in which challan has not As per the averments made in the present transfer application, brother and has no independent Furthermore, the Hon’ble Supreme Court in the case of Vishal Singh Chouhan, reported as 2 discord between the parties, the above mentioned divorce petition came to Thereupon, the y the , contends that the at her brother’s house. Accordingly, a prayer is made for transfer of the above mentioned divorce husband from Family Court, On the other hand, learned counsel for the respondent and gone through wife has filed , seeking maintenance husband before the Court of learned Principal Judge, , in which arguments have been heard on the and an FIR No.894 under Sections 406, A, registered at Police Station Sadar Karnal, in which challan has not resent transfer application, and has no independent the case of reported as SANJAY GUPTA 2026.07.09 18:13 I attest to the accuracy and integrity of this document
TA No.1322 of
“2019 (13) SCC 660” connected matrimonial proceedings should ordinarily be heard by the same Court and accordingly, allowed the transfer application therein. paragraphs No.3 to 5 thereof are extra
“3. 4. 5. [9]
Considering the aforesaid facts and circumstances, in the humble opinion of this Court, it would be in the interest of both the parties that all their cases be heard together by the same Court.
[10] Consequently divorce petition under Section 13 of the Hindu Marriage Act i.e. HMA/717/2025 respondent-husband, stands transferred from the Judge, Family Court, Family Court, Karnal the Family Court, 1322 of 2025
2019 (13) SCC 660” held that in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and accordingly, allowed the transfer application therein. paragraphs No.3 to 5 thereof are extracted hereunder:
As per the submission of the appellant, two cases are already pending in Family Court, Bhopal, and it will be in the interests of both the parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family Court, Bhopal. We are of the view that it will be in the the parties that all their cases be heard together by the same Court. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal” Considering the aforesaid facts and circumstances, in the humble opinion of this Court, it would be in the interest of both the parties that all their cases be heard together by the same Court. Consequently, the transfer application is divorce petition under Section 13 of the Hindu Marriage Act i.e. 2025, titled “Rahul Siraswal Vs. Monika husband, stands transferred from the Judge, Family Court, Ambala to the Court of learned Principal Judge, Karnal. The requisite record of the aforesaid case be sent by the Family Court, Ambala to the Court concerned
held that in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and accordingly, allowed the transfer application therein. Relevant cted hereunder:- As per the submission of the appellant, two cases are already pending in Family Court, Bhopal, and it will be in the interests of both the parties to try all their cases in Bhopal.
Learned counsel for the respondent at it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family Court, We are of the view that it will be in the interests of both the parties that all their cases be heard together by the Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal” Considering the aforesaid facts and circumstances, in the humble opinion of this Court, it would be in the interest of both the parties that all their cases be heard together by the same Court. the transfer application is allowed and t divorce petition under Section 13 of the Hindu Marriage Act i.e. Siraswal Vs. Monika”, filed by the husband, stands transferred from the Court of learned Principal to the Court of learned Principal Judge, . The requisite record of the aforesaid case be sent by to the Court concerned at Karnal. 3 held that in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Relevant As per the submission of the appellant, two cases are already pending in Family Court, Bhopal, and it will be in the interests of both the parties to try all their cases in Bhopal. Learned counsel for the respondent at it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family Court, interests of both the parties that all their cases be heard together by the Therefore, H.M.A. Case No.71/2016 is transferred from Considering the aforesaid facts and circumstances, in the humble opinion of this Court, it would be in the interest of both the parties and the divorce petition under Section 13 of the Hindu Marriage Act i.e. , filed by the learned Principal to the Court of learned Principal Judge, .
The requisite record of the aforesaid case be sent by SANJAY GUPTA 2026.07.09 18:13 I attest to the accuracy and integrity of this document
TA No.1322 of
[11] Pending miscellaneous application(s), if any, shall also stand
disposed of. 07.07.2026 sanjay
Whether speaking/reasoned Whether reportable
1322 of 2025
Pending miscellaneous application(s), if any, shall also stand
Whether speaking/reasoned Whether reportable
Pending miscellaneous application(s), if any, shall also stand
(HARKESH MANUJA)
JUDGE
Yes/No
Yes/No 4 Pending miscellaneous application(s), if any, shall also stand SANJAY GUPTA 2026.07.09 18:13 I attest to the accuracy and integrity of this document