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2023 DAILYLAW 6215 (PNJ)

ANITA VERMA v. ANIL VERMA

TA/342/2026 · 2026-08-18

Harkesh Manuja

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TA No.342 of 202 208 IN THE HIGH COURT OF PUNJAB AND HARYANA Anita Verma Vs Anil Verma CORAM: HON'BLE MR. JUSTICE HARKESH Present: Mr. for the applicant/petitioner. Ms. Seema Sharma, Advocate for Mr. Ajay Gupta, Advocate HARKESH MANUJA, J. The applicant petition bearing filed under Section be referred as “ Court of learned learned Principal Judge, Family Court, [2] Briefly stating, the marriage between the petitioner and respondent was solemniz namely, Devanshi was born on 27.10.2023; discord between the parties, the above mentioned 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: 18.08 Vs HON'BLE MR. JUSTICE HARKESH Mr.Anas Ahmed, Advocate for the applicant/petitioner. Ms. Seema Sharma, Advocate for Mr. Ajay Gupta, Advocate for the respondent. **** HARKESH MANUJA, J. The applicant-wife, by way of present case, seeks transfer of petition bearing No. HMA/404/2024, titled “ filed under Sections 13-A of the Hindu Marriage Act, 1955 ( be referred as “petition”) at the instance of respondent Court of learned Principal Judge, Family Court, learned Principal Judge, Family Court, Panipat Briefly stating, the marriage between the petitioner and respondent was solemnized on 15.01.2023 namely, Devanshi was born on 27.10.2023; discord between the parties, the above mentioned petition came to be preferred at the instance of respondent-husband. application seeking transfer thereof came to IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 342-2026 (O&M) 18.08.2026 ......Petitioner …..Respondent HON'BLE MR. JUSTICE HARKESH MANUJA Ms. Seema Sharma, Advocate for for the respondent. wife, by way of present case, seeks transfer of , titled “Anil Verma Vs. Anita Verma of the Hindu Marriage Act, 1955 (hereinafter to ) at the instance of respondent-husband; from the Principal Judge, Family Court, Kaithal to the Court Panipat. Briefly stating, the marriage between the petitioner and 15.01.2023; out of the wedlock a child, namely, Devanshi was born on 27.10.2023; on account of matrimonial discord between the parties, the above mentioned 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 Anil Verma Vs. Anita Verma”, hereinafter to husband; from the the Court of Briefly stating, the marriage between the petitioner and out of the wedlock a child, on account of matrimonial discord between the parties, the above mentioned petition came to be the present wife. SANJAY GUPTA 2026.08.19 18:09 I attest to the accuracy and integrity of this document TA No.342 of 202 [3] Learned counsel for the applicant, applicant-wife is residing prayer is made for tra instance of respondent Family Court, Kaithal Panipat. [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) (3) [7] As per the averments made in the present transfer application, the applicant- daughter and has no independent source of income. 2026 Learned counsel for the applicant, wife is residing at her parental home at prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from the Court of Kaithal to the Court of learned Principal Judge, Family Court, 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 cases which are pending adjudication before the Court of competent jurisdiction at Panipat:- (1) Application for maintenance under Section 125 Cr.P.C., bearing MNT No.125/506/2024 “ Verma”; Complaint under Section 12 of the Protec from Domestic Violence Act, bearing COMA and Criminal case arising out of under Sections 323, 34, 354, 498 Police Station Tehsil Camp Panipat; As per the averments made in the present transfer application, -wife is residing with her parents and has no independent source of income. Learned counsel for the applicant, inter alia, contends that the at her parental home at Panipat. Accordingly, a nsfer of the above mentioned petition filed at the the Court of learned Principal Judge, of learned Principal Judge, 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 for maintenance under Section 125 Cr.P.C., bearing MNT No.125/506/2024 “Anita Verma Vs. Anil Complaint under Section 12 of the Protection of Women from Domestic Violence Act, bearing COMA-357/2024; Criminal case arising out of FIR No.80 dated 22.02.2025 under Sections 323, 34, 354, 498-A, 506 and 509 IPC at Police Station Tehsil Camp Panipat; As per the averments made in the present transfer application, wife is residing with her parents along with her minor and has no independent source of income. 2 the Accordingly, a nsfer of the above mentioned petition filed at the Principal Judge, of learned Principal Judge, Family Court, counsel for the respondent vehemently opposes the and gone through wife has filed the which are pending adjudication before the Court of for maintenance under Section 125 Cr.P.C., Anita Verma Vs. Anil tion of Women 357/2024; FIR No.80 dated 22.02.2025 A, 506 and 509 IPC at As per the averments made in the present transfer application, along with her minor SANJAY GUPTA 2026.08.19 18:09 I attest to the accuracy and integrity of this document TA No.342 of 202 [8] Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh C “2019 (13) SCC 660” connected matrimonial proceedings should ordinarily be heard by the same Court and accordingly, allowed the transfer application paragraphs No.3 to 5 thereof are extracted hereunder: “3. 4. 5. 4. 5. [9] Consid humble opinion of this Court Section 125 Cr.P.C., bearing MNT No.125/506/2024 “ Anil Verma”; Complaint under Section 12 of the Protection of Women from Domestic Violence Act, bearing COMA FIR No.80 dated 22.02.2025 under Sections 323, 34, 354, 498 509 IPC at Police Station Tehsil Camp Panipat; 2026 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 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 Application Section 125 Cr.P.C., bearing MNT No.125/506/2024 “ ”; Complaint under Section 12 of the Protection of Women from Domestic Violence Act, bearing COMA-357/2024; and FIR No.80 dated 22.02.2025 under Sections 323, 34, 354, 498 509 IPC at Police Station Tehsil Camp Panipat; Furthermore, the Hon’ble Supreme Court in the case of Vishal Singh Chouhan, reported as 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 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 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 Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.” ering the aforesaid facts and circumstances, in the Application for maintenance under Section 125 Cr.P.C., bearing MNT No.125/506/2024 “Anita Verma Vs. ”; Complaint under Section 12 of the Protection of Women from 357/2024; and case arising out of FIR No.80 dated 22.02.2025 under Sections 323, 34, 354, 498-A, 506 and 509 IPC at Police Station Tehsil Camp Panipat;, filed at the instance of 3 Furthermore, the Hon’ble Supreme Court in the case of reported as held that in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same therein. 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. 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 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 Therefore, H.M.A. Case No.71/2016 is transferred from ering the aforesaid facts and circumstances, in the for maintenance under Anita Verma Vs. ”; Complaint under Section 12 of the Protection of Women from case arising out of A, 506 and d at the instance of SANJAY GUPTA 2026.08.19 18:09 I attest to the accuracy and integrity of this document TA No.342 of 202 applicant are pending at parties that all the cases [10] Consequently, the transfer application is divorce petition under Section 1 HMA/404/2024 respondent-husband, stands transferred from the Court of Judge, Family Court, Court, Panipat Family Court, Kaithal [11] Pending miscellaneous application(s), if any, shall also stand disposed of. [12] Parties are directed to appear before the Court of jurisdiction on 15.09.2026. 18.08.2026 sanjay Whether speaking/reasoned Whether reportable 2026 pending at Panipat, it would be in the interest of both the all the cases be heard together Consequently, the transfer application is petition under Section 13-A of the Hindu Marriage Act i.e. HMA/404/2024, titled “Anil Verma Vs. Anita Verma husband, stands transferred from the Court of Judge, Family Court, Kaithal to the Court of learned Principal Judge, Family anipat. The requisite record of the aforesaid case be sent by the Kaithal to the Family Court, Panipat Pending miscellaneous application(s), if any, shall also stand Parties are directed to appear before the Court of jurisdiction on 15.09.2026. Whether speaking/reasoned Whether reportable it would be in the interest of both the be heard together at same place. Consequently, the transfer application is allowed and the of the Hindu Marriage Act i.e. Anil Verma Vs. Anita Verma”, filed by the husband, stands transferred from the Court of learned Principal of learned Principal Judge, Family The requisite record of the aforesaid case be sent by the Panipat. Pending miscellaneous application(s), if any, shall also stand Parties are directed to appear before the Court of competent (HARKESH MANUJA) JUDGE Yes/No Yes/No 4 it would be in the interest of both the and the of the Hindu Marriage Act i.e. filed by the Principal of learned Principal Judge, Family The requisite record of the aforesaid case be sent by the Pending miscellaneous application(s), if any, shall also stand competent SANJAY GUPTA 2026.08.19 18:09 I attest to the accuracy and integrity of this document