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High Court of Punjab and Haryana · body

1955 DAILYLAW 32 (PNJ)

ANJALI ALIAS ANJALI DEVI v. SHUBHAM KUMAR

TA/1612/2025 · 2026-07-09

Harkesh Manuja

body1955

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TA No.1612 of 281 IN THE HIGH COURT OF PUNJAB AND HARYANA Anjali @ Anjali Devi Vs Shubham Kumar CORAM: HON'BLE MR. Present: Mr. Krishan Singh, Advocate for the applicant/petitioner. Ms. Rashika Bansal, Advocate for the respondent. HARKESH MANUJA, J. (Oral) The applicant divorce petition bearing Anjali”, filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “ respondent-husband; from the Court of learned Court, Camp at Kalka, District Panchkula Judge, Family Court, Yamuna Nagar [2] Briefly stating, the marriage between the petitioner respondent was solemnized on discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent present application seeking transfer applicant-wife. of 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: 0 Anjali @ Anjali Devi Vs Shubham Kumar HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Krishan Singh, Advocate for the applicant/petitioner. s. Rashika Bansal, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present case, seeks transfer of divorce petition bearing No. HMA-6/2025 , filed under Section 13 of the Hindu Marriage Act, 1955 hereinafter to be referred as “divorce petition husband; from the Court of learned Court, Camp at Kalka, District Panchkula Judge, Family Court, Yamuna Nagar. Briefly stating, the marriage between the petitioner respondent was solemnized on 27.10.2023 discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent present application seeking transfer thereo wife. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 1612 of 2025 (O&M) Date of Decision: 09.07.2026 ......Petitioner …..Respondent JUSTICE HARKESH MANUJA wife, by way of present case, seeks transfer of 6/2025, titled “Shubham Kumar 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 Court, Camp at Kalka, District Panchkula to the Court learned Principal Briefly stating, the marriage between the petitioner and 27.10.2023; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent-husband. Thereupon, the thereof came to be filed by the 1 wife, by way of present case, seeks transfer of Shubham Kumar Vs. , filed under Section 13 of the Hindu Marriage Act, 1955 ) at the instance of Principal Judge, Family learned Principal and ; on account of matrimonial discord between the parties, the above mentioned divorce petition came to the came to be filed by the SANJAY GUPTA 2026.07.13 17:58 I attest to the accuracy and integrity of this document TA No.1612 of [3] Learned counsel for the applicant, applicant-wife is residing at her parental home at Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent Kalka to Family Court, [4] Learned prayer made on behalf of the applicant. [5] I have heard learned counsel for the the paper-book. [6] In the present case, admittedly, the applicant following cases competent jurisdiction at (1) (2) (2) [7] As per the averments made in the present transfer application, the applicant-wife is residing with income. [8] Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan of 2025 Learned counsel for the applicant, wife is residing at her parental home at Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent to Family Court, Yamuna Nagar. earned counsel for the respondent vehemently opposes the ade on behalf of the applicant. I have heard learned counsel for the book. In the present case, admittedly, the applicant cases which are pending adjudication before the Court of competent jurisdiction at Yamuna Nagar:- (1) Application under Section MNT-315/2025, titled as “ of maintenance; Application bearing No. HMA Vs. Shubham” under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights; Application under Section 12 of Protection of Women from Domestic Violence Act, 2005 bearing COMA No.212-2025 titled as “Anjali Vs. Shubham As per the averments made in the present transfer application, wife is residing with parent and has no independent source of Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan Versus Vishal Singh Chouhan Learned counsel for the applicant, inter alia, contends that the wife is residing at her parental home at Yamuna Nagar Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, counsel for the respondent vehemently opposes the I have heard learned counsel for the parties and gone through In the present case, admittedly, the applicant-wife has filed the which are pending adjudication before the Court of Application under Section 144 of BNSS, 2023 bearin “Anjali Vs. Shubham” for grant HMA-880/2025 titled as “Anjali under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights; Application under Section 12 of Protection of Women from Domestic Violence Act, 2005 bearing COMA Anjali Vs. Shubham”. As per the averments made in the present transfer application, and has no independent source of Furthermore, the Hon’ble Supreme Court in the case of Vishal Singh Chouhan, reported as 2 the Yamuna Nagar. Accordingly, a prayer is made for transfer of the above mentioned divorce husband from Family Court, counsel for the respondent vehemently opposes the and gone through wife has filed the which are pending adjudication before the Court of bearing for grant Anjali under Section 9 of the Hindu Marriage Application under Section 12 of Protection of Women from Domestic Violence Act, 2005 bearing COMA As per the averments made in the present transfer application, and has no independent source of Furthermore, the Hon’ble Supreme Court in the case of reported as SANJAY GUPTA 2026.07.13 17:58 I attest to the accuracy and integrity of this document TA No.1612 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 extracted hereunder: “3. 4. 5. [9] Considering the humble opinion of this Court Section 144 of BNSS bearing MNT No. 9 of the Hindu Marriage Act, 1955, bearing bearing COMA from Domestic Violence Act, at Jagadhri at Yamuna Nagar the parties that all their cases be heard together [10] Consequently, the transfer application is divorce petition under Section 13 of the Hindu Marriage Act i.e. 6/2025, titled “ 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 interests of both 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 since three cases i.e. application under Section 144 of BNSS bearing MNT No.315/2025 9 of the Hindu Marriage Act, 1955, bearing bearing COMA-212-2025, under Section 12 of the Protection of Women from Domestic Violence Act, filed at the instance of at Jagadhri at Yamuna Nagar, therefore, it would be in the interest of both that all their cases be heard together Consequently, the transfer application is divorce petition under Section 13 of the Hindu Marriage Act i.e. , titled “Shubham Kumar Vs. Anjali 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 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. 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 are of the view that it will be in the interests of both the parties that all their cases be heard together by the same Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.” aforesaid facts and circumstances, in the since three cases i.e. application under 315/2025, a petition under Section 9 of the Hindu Marriage Act, 1955, bearing HMA-880/2025, as well as a under Section 12 of the Protection of Women filed at the instance of applicant are pending it would be in the interest of both that all their cases be heard together at the same place. Consequently, the transfer application is allowed and the divorce petition under Section 13 of the Hindu Marriage Act i.e. HMA Shubham Kumar Vs. Anjali”, filed by the respondent 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. 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 are of the view that it will be in the interests of both the parties that all their cases be heard together by the same Therefore, H.M.A. Case No.71/2016 is transferred from aforesaid facts and circumstances, in the since three cases i.e. application under a petition under Section 880/2025, as well as a under Section 12 of the Protection of Women applicant are pending it would be in the interest of both and the HMA- filed by the respondent- SANJAY GUPTA 2026.07.13 17:58 I attest to the accuracy and integrity of this document TA No.1612 of husband, stands transferred from the Court of Family Court, Family Court, Yamuna Nagar. sent by the Famil [11] Pending miscellaneous application(s), if any, shall also stand disposed of. 09.07.2026 sanjay Whether speaking/reasoned Whether reportable of 2025 husband, stands transferred from the Court of Family Court, Camp at Kalka to the Court of Yamuna Nagar. The requisite record of the aforesaid case be sent by the Family Court, Kalka to the Family Court at Pending miscellaneous application(s), if any, shall also stand Whether speaking/reasoned Whether reportable husband, stands transferred from the Court of learned Principal Judge, to the Court of Learned Principal Judge, The requisite record of the aforesaid case be to the Family Court at Yamuna Nagar. Pending miscellaneous application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Yes/No Yes/No 4 learned Principal Judge, Learned Principal Judge, The requisite record of the aforesaid case be Pending miscellaneous application(s), if any, shall also stand SANJAY GUPTA 2026.07.13 17:58 I attest to the accuracy and integrity of this document