Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SAVITA
ANUJ
CORAM: HON'BLE MR. JUSTICE
Present: Ms. Gagandeep Kaur, Advocate for the
Ms. Saroj Kumari, Advocate for Ms. Harshita, HARKESH MANUJA
1. The applicant of petition bearing Section 13 of the Hindu Marriage Act, as “the Act”) at the instance Rohtak, Camp Court at Meham
2. Briefly stating, the marriage between the applicant and respondent was solemnized on Pridhi and Nakshit were born on 28.10.2016 and 12.09.2021 respectively; on account of matrimonial discord between the parties, the above mentioned petition under Section preferred at the instance of respondent application seeking transfer thereof came to be filed by the applicant wife.
3.
Learned counsel for the applicant, applicant-wife is residing along
TA-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:
Versus
HON'BLE MR. JUSTICE HARKESH MANUJA Ms. Gagandeep Kaur, Advocate for the Ms. Saroj Kumari, Advocate for Ms. Harshita, Advocate for the respondent. **** HARKESH MANUJA, J. (ORAL)
The applicant-wife, by way of present application, seeks transfer of petition bearing DMC/101/2025, titled “Anuj Vs. Savita of the Hindu Marriage Act, 1955 at the instance of respondent- Rohtak, Camp Court at Meham to Family Court, Briefly stating, the marriage between the applicant and respondent was solemnized on 30.04.2013; out of their wedlock, Nakshit were born on 28.10.2016 and 12.09.2021 ; on account of matrimonial discord between the parties, the above mentioned petition under Section 13 preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant
Learned counsel for the applicant, inter alia wife is residing along with her children -1546-2025 (O&M)
PHHC011928842025
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-1546-2025 (O&M) Date of Decision: July 20, 2026
........Applicant
........Respondent HARKESH MANUJA Ms. Gagandeep Kaur, Advocate for the applicant. respondent. wife, by way of present application, seeks transfer Anuj Vs. Savita”, filed under 1955 (hereinafter to be referred -husband; from Family Court, Family Court, Jhajjar. Briefly stating, the marriage between the applicant and respondent ; out of their wedlock, 2 children namely Nakshit were born on 28.10.2016 and 12.09.2021 ; on account of matrimonial discord between the parties, the 13 of the Act, came to be husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant- inter alia, contends that the children at her parental home at
(O&M) July 20, 2026
wife, by way of present application, seeks transfer , filed under (hereinafter to be referred husband; from Family Court, Briefly stating, the marriage between the applicant and respondent ldren namely Nakshit were born on 28.10.2016 and 12.09.2021 ; on account of matrimonial discord between the parties, the of the Act, came to be husband. Thereupon, the present - , contends that the at her parental home at TEJWINDER SINGH 2026.07.22 16:10 I agree to specified portions of this document
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TA-1546-2025 (O&M)
Jhajjar. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Rohtak to Family Court, Jhajjar. 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 and gone through the paper-book. 6. In the present case, admittedly, the applicant-wife has filed a petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 which is pending adjudication before the learned Family Court at Jhajjar. Besides it, the applicant is also taking care of her minor children, namely, Pridhi and Nakshit
7. Furthermore, the Hon’ble Supreme Court in its decision rendered in
“Manjula Singh Chouhan Versus Vishal Singh Chouhan”, reported as 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 reproduced hereunder:-
“3.
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. 4. 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. 5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.”
8. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since a maintenance petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 is pending TEJWINDER SINGH 2026.07.22 16:10 I agree to specified portions of this document
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adjudication at Jhajjar, 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 petition under Section 13 of the Hindu Marriage Act, 1955 i.e. DMC/101/2025, titled
“Anuj Vs. Savita”, filed by the respondent-husband, stands transferred from the Court of learned Principal Judge, Family Court, Rohtak, Camp Court at Meham to the Court of competent jurisdiction at Jhajjar. The requisite record of the aforesaid case be sent by the learned Family Court, Rohtak, Camp Court at Meham to the Court concerned. 9. Pending miscellaneous application(s), if any, shall also stand
disposed of.
20.07.2026
(HARKESH MANUJA) Tejwinder
JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No
TEJWINDER SINGH 2026.07.22 16:10 I agree to specified portions of this document