TA No. TA No. TA No. TA No.629 629 629 629 of of of of 202 202 202 202 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 203 PRIYA PRIYA PRIYA PRIYA Vs Vs Vs Vs AKSHAY AND ORS. AKSHAY AND ORS. AKSHAY AND ORS. AKSHAY AND ORS. CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH Present: Mr. for the applicant. Mr. Nitin Bhanwala, Advocate for respondent No.1. Mr. Sunny Singla, Advocate HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) 1. The petition dated 10.12.2015 13(1)(i), 13(1)(ia) “divorce petition” “divorce petition” “divorce petition” “divorce petition” learned Principal Judge, Court, Sonipat. 2. Briefly stating, the marriage between the No.1 was solemnized on Jiyansh Singla between the parties, the above mentioned divorce petition came to be the instance of respondent seeking transfer 202 202 202 2026666 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH Transfer Application No. ransfer Application No. ransfer Application No. ransfer Application No. Date of Decision: Date of Decision: Date of Decision: Date of Decision: ...... ...... ...... ...... AKSHAY AND ORS. AKSHAY AND ORS. AKSHAY AND ORS. AKSHAY AND ORS. …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH Mr. Sushil Jain, Advocate for the applicant. Mr. Nitin Bhanwala, Advocate for respondent No.1. Mr. Sunny Singla, Advocate for respondent No.2. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present petition dated 10.12.2015 titled “Akshay vs. Priya and others” “Akshay vs. Priya and others” “Akshay vs. Priya and others” “Akshay vs. Priya and others” (1)(i), 13(1)(ia) of the Hindu Marriage Act, 1955 ( “divorce petition” “divorce petition” “divorce petition” “divorce petition”) at the instance of respondent learned Principal Judge, Family Court, Jind to the Briefly stating, the marriage between the was solemnized on 18.07.2021; out of this wedlock, a male child namely, was born on 08.09.2022. On account of matrimonial discord between the parties, the above mentioned divorce petition came to be the instance of respondent No.1-husband. Thereupon thereof came to be filed by the applicant IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH ransfer Application No. ransfer Application No. ransfer Application No. ransfer Application No.629 629 629 629 of of of of 202 202 202 2026666 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 21 21 21 21.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH MANUJA MANUJA MANUJA MANUJA Mr. Nitin Bhanwala, Advocate for respondent No.1. for respondent No.2. wife, by way of present application, seeks transfer of “Akshay vs. Priya and others” “Akshay vs. Priya and others” “Akshay vs. Priya and others” “Akshay vs. Priya and others” filed under Section Marriage Act, 1955 (hereinafter to be referred as hereinafter to be referred as hereinafter to be referred as hereinafter to be referred as instance of respondent-husband; from the Court of to the learned Principal Judge, Family Briefly stating, the marriage between the applicant and respondent ; out of this wedlock, a male child namely, n account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at Thereupon, the present application applicant-wife. 1 transfer of filed under Section hereinafter to be referred as hereinafter to be referred as hereinafter to be referred as hereinafter to be referred as from the Court of Principal Judge, Family respondent ; out of this wedlock, a male child namely, n account of matrimonial discord preferred at application MOHMED ATIK 2026.07.24 09:08 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.629 629 629 629 of of of of 202 202 202 202 3. Learned counsel for the applicant-wife is residing Sonipat.... Accordingly, a prayer is made for petition filed at the instance of Principal Judge, Sonipat. 4. On the opposes the prayer made on behalf of the applicant. 5.... I have heard learned counsel for the paper-book. 6. In the present case, admittedly, the bearing No.MNT/76/2026 .MNT/76/2026 .MNT/76/2026 .MNT/76/2026 maintenance, which Sonipat. 7. As per the averments made in the present transfer application, the applicant-wife alongwith her independent source of income. The applicant the litigation charges and travelling expenses financials, she is totally dependent upon her parents. 8. Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan SCC 660 SCC 660 SCC 660 SCC 660”””” held that, in the interest of proceedings should ordinarily be heard by the allowed the transfer application therein. extracted hereunder: 202 202 202 2026666 Learned counsel for the applicant wife is residing along with her minor son Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband Principal Judge, Family Court, Jind to the learned On the other hand, learned counsel for the respondent opposes the prayer made on behalf of the applicant. I have heard learned counsel for the In the present case, admittedly, the .MNT/76/2026 .MNT/76/2026 .MNT/76/2026 .MNT/76/2026 under Section 144 of BNSS, 2023 which is pending before the learned Principal Judge As per the averments made in the present transfer application, the alongwith her minor son is residing independent source of income. The applicant is facing the litigation charges and travelling expenses in financials, she is totally dependent upon her parents. Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Versus Versus Versus Versus Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, held that, in the interest of both the parties, proceedings should ordinarily be heard by the allowed the transfer application therein. Relevant paragraph nos.3 to 5 are extracted hereunder:- applicant, inter alia, contends that the along with her minor son in her parental house transfer of the above mentioned divorce husband from the Court of learned earned Principal Judge, Family Court, other hand, learned counsel for the respondents vehemently opposes the prayer made on behalf of the applicant. I have heard learned counsel for the parties and gone through the In the present case, admittedly, the applicant-wife has filed a petitio 144 of BNSS, 2023 for grant of is pending before the learned Principal Judge, Family Court, As per the averments made in the present transfer application, the is residing at her parental house and has no is facing great difficulty in bearing in pursuing the said case and for the financials, she is totally dependent upon her parents. Furthermore, the Hon’ble Supreme Court in its decision rendered in Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, reported as “2019 (13) 2019 (13) 2019 (13) 2019 (13) both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and, accordingly, Relevant paragraph nos.3 to 5 are 2 , contends that the house at transfer of the above mentioned divorce from the Court of learned Principal Judge, Family Court, vehemently and gone through the a petition grant of , Family Court, As per the averments made in the present transfer application, the and has no in bearing and for the rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial same Court and, accordingly, Relevant paragraph nos.3 to 5 are MOHMED ATIK 2026.07.24 09:08 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.629 629 629 629 of of of of 202 202 202 202 “3. pending in Family parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it will suit to the appellant only, therefore, may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family 4. that all their cases be hea 5. Court, Indore to the Family Court, Bhopal. 9. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, of maintenance interest of both the parties that all their cases be heard together Consequently the transfer applicati Section 13(1)(i), 13(1)(ia) “Akshay vs. Priya and others” “Akshay vs. Priya and others” “Akshay vs. Priya and others” “Akshay vs. Priya and others” transferred from the Court of learned Principal Judge, learned Principal Judge, Family Court, Sonipat. aforesaid case be sent by the 10. Pending miscellaneous application(s), if any, shall also stand of. July July July July 21 21 21 21, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 202 202 202 2026666 3. As per the submission of the 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, may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family 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 under Section 144 of BNSS, 2023 for grant of maintenance is pending adjudication at Sonipat interest of both the parties that all their cases be heard together Consequently the transfer application is allowed allowed allowed allowed (1)(i), 13(1)(ia) of the Hindu Marriage Act i.e. “Akshay vs. Priya and others” “Akshay vs. Priya and others” “Akshay vs. Priya and others” “Akshay vs. Priya and others” filed by respondent from the Court of learned Principal Judge, Principal Judge, Family Court, Sonipat. aforesaid case be sent by the learned Family Court, Pending miscellaneous application(s), if any, shall also stand (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) Whether speaking/reasoned Yes/No Whether reportable Yes/No As per the submission of the appellant, two cases are already 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 rd 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 a petition under Section 144 of BNSS, 2023 for grant Sonipat, therefore, it would be in the interest of both the parties that all their cases be heard together at the same place allowed allowed allowed allowed and the divorce petition under of the Hindu Marriage Act i.e. dated 10.12.2015 titled filed by respondent No.1-husband, stands from the Court of learned Principal Judge, Family Court, Jind to the Principal Judge, Family Court, Sonipat. The requisite record of the Family Court, Jind to the Court concerned. Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE Yes/No Yes/No 3 appellant, two cases are already 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 transfer may not be permitted. The fact remains that the respondent has to travel to We are of the view that it will be in the interests of both the parties Therefore, H.M.A. Case No.71/2016 is transferred from Family Considering the aforesaid facts and circumstances, in the humble a petition under Section 144 of BNSS, 2023 for grant it would be in the at the same place. and the divorce petition under dated 10.12.2015 titled husband, stands to the The requisite record of the disposed MOHMED ATIK 2026.07.24 09:08 I attest to the accuracy and authenticity of this order/judgment