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High Court of Punjab and Haryana · body

2020 DAILYLAW 2429 (PNJ)

KAUSHLYA v. NEERAJ NARANG

TA/370/2026 · 2026-07-02

Harkesh Manuja

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Judgment text

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208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH KAUSHLYA NEERAJ NARANG CORAM: HON'BLE MR. JUSTICE Present: Mr. A.S. Khosa, Ms. Anita Kumari, Advocate for the respondent. HARKESH MANUJA [1] The petitioner bearing DMC No. Kaushlya Rani”, filed under Section 13(i)(ia) (hereinafter to be referred as “divorce petition”) at the instance of respondent husband; from the Court of learned Principal Court of learned Principal Judge, Family Court, [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on 21.08.2020 was born on 09.06.2021 parties, the above mentioned divorce petition came to be preferred at the instance of respondent its transfer came to be filed by t [3] Learned counsel for the petitioner, inter alia, contends that the petitioner wife has also filed maintenance application the Court of learned Principal Judge, Family Court, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: Versus NEERAJ NARANG HON'BLE MR. JUSTICE HARKESH Mr. A.S. Khosa, Advocate for the Ms. Anita Kumari, Advocate for the respondent. **** HARKESH MANUJA, J. (ORAL) The petitioner-wife, by way of present application, seeks transfer of case No. 696 of 2025, dated 27.11.2025 ”, filed under Section 13(i)(ia) of the Hindu Marriage Act, 1955 (hereinafter to be referred as “divorce petition”) at the instance of respondent husband; from the Court of learned Principal Judge, Family Court, Court of learned Principal Judge, Family Court, Fazilka Briefly stating, the marriage between the petitioner and respondent was 21.08.2020; out of their wedlock, a 09.06.2021; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent-husband. Thereafter, the present application seeking its transfer came to be filed by the petitioner-wife. Learned counsel for the petitioner, inter alia, contends that the petitioner wife has also filed maintenance application under Section 144 of BNSS the Court of learned Principal Judge, Family Court, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-370-2026 Date of Decision: July 02, 2026 ........Petitioner ........Respondent HARKESH MANUJA Advocate for the petitioner. Ms. Anita Kumari, Advocate for the respondent. wife, by way of present application, seeks transfer of case 27.11.2025, titled “Neeraj Narang Vs. of the Hindu Marriage Act, 1955 (hereinafter to be referred as “divorce petition”) at the instance of respondent- Judge, Family Court, Hisar to the Fazilka. Briefly stating, the marriage between the petitioner and respondent was ; out of their wedlock, a girl child namely, Vanshika, ; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the husband. Thereafter, the present application seeking wife. Learned counsel for the petitioner, inter alia, contends that the petitioner- under Section 144 of BNSS before the Court of learned Principal Judge, Family Court, Fazilka. 2026 July 02, 2026 Petitioner wife, by way of present application, seeks transfer of case Vs. of the Hindu Marriage Act, 1955 - to the Briefly stating, the marriage between the petitioner and respondent was , ; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the husband. Thereafter, the present application seeking - before TEJWINDER SINGH 2026.07.03 15:15 I agree to specified portions of this document TA-370-2026 -2- It is further submitted that the petitioner is residing at her parental home at Fazilka with a minor male child of 11 years who was born from the first marriage. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, Hisar to Family Court, Fazilka. [4] On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the petitioner. [5] I have heard learned counsel for the parties and gone through the paper-book. [6] In the present case, admittedly, the petitioner-wife has filed a maintenance application under Section 144 of BNSS which is pending adjudication before the Court of learned Principal Judge, Family Court, Fazilka. [7] As per the averments made in the present transfer application, the distance between Hisar and Fazilka is 238 kilometres and the petitioner along with a male child of 11 years has to travel from Hisar to Fazilka which is situated at a distance of 238 kilometres, thus, causing great inconvenience to the petitioner-wife and her child. Moreover, petitioner-wife does not have any source of income and is totally dependent on her old parents. [8] 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. [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. Consequently the transfer application is allowed and the divorce petition under Section 13 of the Hindu Marriage Act i.e. DMC/696/2025, titled “Neeraj Narang Vs. Kaushlya Rani”, TEJWINDER SINGH 2026.07.03 15:15 I agree to specified portions of this document TA-370-2026 -3- filed by the respondent-husband, stands transferred from the Family Court, Hisar to the Court of competent jurisdiction at Family Court, Fazilka. The requisite record of the aforesaid case be sent by the Family Court, Hisar to the Court concerned. [10] Pending miscellaneous application(s), if any, shall also stand disposed of. 02.07.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No TEJWINDER SINGH 2026.07.03 15:15 I agree to specified portions of this document