TA No.233 of 202 282 IN THE HIGH COURT OF PUNJAB AND HARYANA Madhvi @ Madhvi Kundra Vs Vivek Sood CORAM: HON'BLE MR. Present: Mr. Yaseen Sethi, Advocate and Mr. Anmol Jindal, Advocate for the applicant/petitioner. Ms. Kiranjeet Kaur, Advocate for the respondent. HARKESH MANUJA, J. (Oral) The applicant divorce petition bearing Kundra”, filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “ respondent-husband; from the Court of learned Principal Judge, Family Court, Moga to the Court of [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on child, namely, Aahan Sood was born; between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent application seeking transfer 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: 0 Madhvi @ Madhvi Kundra Vs HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Yaseen Sethi, Advocate and Mr. Anmol Jindal, Advocate for the applicant/petitioner. s. Kiranjeet Kaur, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present case, seeks transfer of divorce petition bearing No. HMA-214/2025 , filed under Section 13 of the Hindu Marriage Act, 1955 hereinafter to be referred as “divorce petition husband; from the Court of learned Principal Judge, Family to the Court of competent jurisdiction at Ludhiana Briefly stating, the marriage between the petitioner and respondent was solemnized on 14.01.202 child, namely, Aahan Sood was born; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent-husband. eking transfer thereof came to be filed by the applicant IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 233 of 2026 (O&M) Date of Decision: 09.07.2026 ......Petitioner …..Respondent JUSTICE HARKESH MANUJA Mr. Yaseen Sethi, Advocate and wife, by way of present case, seeks transfer of 214/2025, titled “Vivek Sood Vs. Madhvi , 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 competent jurisdiction at Ludhiana. Briefly stating, the marriage between the petitioner and 14.01.2021; out of their wedlock, a boy on account of matrimonial discord between the parties, the above mentioned divorce petition came to be husband. Thereupon, the present came to be filed by the applicant-wife. 1 wife, by way of present case, seeks transfer of Vivek Sood Vs. Madhvi , filed under Section 13 of the Hindu Marriage Act, 1955 ) at the instance of husband; from the Court of learned Principal Judge, Family Briefly stating, the marriage between the petitioner and out of their wedlock, a boy on account of matrimonial discord between the parties, the above mentioned divorce petition came to be the present wife. SANJAY GUPTA 2026.07.13 17:58 I attest to the accuracy and integrity of this document TA No.233 of 202 [3] Learned counsel for the applicant, applicant-wife is residing at her parental home at prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent Court, Ludhiana [4] Learned prayer made o [5] I have heard learned counsel for the the paper-book. [6] In the present case, admittedly, the applicant petition bearing HMA/220/2026, titled as Sood” under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, in which respondent had already put in appearance and sought time for filing reply. [7] As per the averments made in the present transfer application, the applicant-wife is re expired and has no independent source of income. [8] Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan “2019 (13) SCC 660” 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: “3. 2026 Learned counsel for the applicant, wife is residing at her parental home at prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, Ludhiana. earned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. I have heard learned counsel for the book. In the present case, admittedly, the applicant petition bearing HMA/220/2026, titled as Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, in which respondent had already put in appearance and sought time for filing reply. As per the averments made in the present transfer application, wife is residing with her widow mother as father had already and has no independent source of income. Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan Versus Vishal Singh Chouhan 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. 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 Learned counsel for the applicant, inter alia, contends that the wife is residing at her parental home at Ludhiana. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at husband from Family Court, Moga to Family 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 petition bearing HMA/220/2026, titled as “Madhvi Kundra Vs. Vivek Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, in which respondent had already put in appearance and As per the averments made in the present transfer application, her widow mother as father had already and has no independent source of income. Furthermore, the Hon’ble Supreme Court in the case of Vishal Singh Chouhan, reported as 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 2 the . Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at to Family counsel for the respondent vehemently opposes the and gone through wife has filed a “Madhvi Kundra Vs. Vivek Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, in which respondent had already put in appearance and As per the averments made in the present transfer application, her widow mother as father had already Furthermore, the Hon’ble Supreme Court in the case of reported as 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 As per the submission of the appellant, two cases are already pending in Family Court, Bhopal, and it will be in the SANJAY GUPTA 2026.07.13 17:58 I attest to the accuracy and integrity of this document TA No.233 of 202 4. 5. [9] Considering the aforesaid facts and circumstances, in the humble opinion of this Co Section 9 of the Hindu Marriage Act, 1955, filed at the instance of applicant-wife is pending at Ludhiana of both 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. 214/2025, titled “ husband, stands transferred from Family Court, Moga Ludhiana. The requisite record of the aforesaid case be sent by the Family Court, Moga to the Family Court at [11] Pending disposed of. 09.07.2026 sanjay Whether speaking/reasoned Whether reportable 2026 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 a petition bearing HMA/220/2026 under Section 9 of the Hindu Marriage Act, 1955, filed at the instance of wife is pending at Ludhiana, therefore, of both the parties 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 “Vivek Goel Vs. Madhvi Kundra husband, stands transferred from the Court of Moga to the Court of Learned Principal Judge, Family Court, . The requisite record of the aforesaid case be sent by the Family to the Family Court at Ludhiana Pending miscellaneous application(s), if any, shall also stand Whether speaking/reasoned Whether reportable interests of both the parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it e 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 We are of the view that it will be in the interests of both the 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.” Considering the aforesaid facts and circumstances, in the a petition bearing HMA/220/2026 under Section 9 of the Hindu Marriage Act, 1955, filed at the instance of , therefore, it would be in the interest of both the parties 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 Vivek Goel Vs. Madhvi Kundra”, filed by the respondent the Court of learned Principal Judge, Learned Principal Judge, Family Court, . The requisite record of the aforesaid case be sent by the Family Ludhiana. miscellaneous application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Yes/No Yes/No 3 interests of both the parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it e 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 We are of the view that it will be in the interests of both the that all their cases be heard together by the same Therefore, H.M.A. Case No.71/2016 is transferred from Considering the aforesaid facts and circumstances, in the a petition bearing HMA/220/2026 under Section 9 of the Hindu Marriage Act, 1955, filed at the instance of it would be in the interest the same place. and the HMA- filed by the respondent- learned Principal Judge, Learned Principal Judge, Family Court, . The requisite record of the aforesaid case be sent by the Family 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