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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH KUSAM DEVI
AMIT KUMAR
CORAM: HON'BLE MR. JUSTICE
Present: Mr. Mrinal Kaushik, Advocate for the petitioner.
HARKESH MANUJA, [1] The petitioner bearing HMA No. 891 of 2024, under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as
“divorce petition”) at the instance of respondent learned Principal Judge, Family Court, Kurukshetra to the Court of learned Principal Judge, Family Court, Naraingarh. [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on 20.01.2023; on account of matrimonial discord betwee parties, the above mentioned divorce petition came to be preferred at the instance of respondent its transfer came to be filed by the petitioner [3]
Learned counsel for the petitioner, inte wife has also filed a petition under Sections 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the learned Sub Divisional Judicial Magistrate, Naraingarh besides one FIR bearing No.368 dated 25.11.2024 registered under Sections 354, 406, 498 read with Section 34 IPC at Police Station Naraingarh, District Ambala. It is further submitted that the petitioner is residing at her parental home at Naraingarh. Accordingly, a praye divorce petition filed at the instance of respondent Kurukshetra to Family Court, Naraingarh. [4] Respondent in the present case has been proceeded against vide order dated 26.02.2026. [5] I have heard learned counsel for the paper-book.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: July 06, 2026
Versus
HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Mrinal Kaushik, Advocate for the petitioner. **** HARKESH MANUJA, J. (ORAL)
The petitioner-wife, by way of present application, seeks transfer of bearing HMA No. 891 of 2024, titled “Amit Kumar Vs. Kusam Devi under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as
“divorce petition”) at the instance of respondent ed Principal Judge, Family Court, Kurukshetra to the Court of learned Principal Judge, Family Court, Naraingarh. Briefly stating, the marriage between the petitioner and respondent was solemnized on 20.01.2023; on account of matrimonial discord betwee 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 a petition under Sections 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the learned Sub Divisional Judicial Magistrate, Naraingarh besides one FIR bearing o.368 dated 25.11.2024 registered under Sections 354, 406, 498 read with Section 34 IPC at Police Station Naraingarh, District Ambala. It is further submitted that the petitioner is residing at her parental home at Naraingarh. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent Kurukshetra to Family Court, Naraingarh. Respondent in the present case has been proceeded against d 26.02.2026. I have heard learned counsel for the petitioner
TA-1633-2025 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-1633-2025 (O&M) Date of Decision: July 06, 2026
........Petitioner
........Respondent HARKESH MANUJA Mr. Mrinal Kaushik, Advocate for the petitioner. wife, by way of present application, seeks transfer of case Amit Kumar Vs. Kusam Devi”, filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as
“divorce petition”) at the instance of respondent-husband; from the Court of ed Principal Judge, Family Court, Kurukshetra to the Court of learned Briefly stating, the marriage between the petitioner and respondent was solemnized on 20.01.2023; 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. r alia, contends that the petitioner- wife has also filed a petition under Sections 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the learned Sub Divisional Judicial Magistrate, Naraingarh besides one FIR bearing o.368 dated 25.11.2024 registered under Sections 354, 406, 498-A, 506 read with Section 34 IPC at Police Station Naraingarh, District Ambala.
It is further submitted that the petitioner is residing at her parental home at r is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, Respondent in the present case has been proceeded against ex parte petitioner and gone through the
2025 (O&M) Date of Decision: July 06, 2026 ........Petitioner
case ”, filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as husband; from the Court of ed Principal Judge, Family Court, Kurukshetra to the Court of learned Briefly stating, the marriage between the petitioner and respondent was n the parties, the above mentioned divorce petition came to be preferred at the husband. Thereafter, the present application seeking - wife has also filed a petition under Sections 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the learned Sub Divisional Judicial Magistrate, Naraingarh besides one FIR bearing A, 506 read with Section 34 IPC at Police Station Naraingarh, District Ambala. It is further submitted that the petitioner is residing at her parental home at r is made for transfer of the above mentioned husband from Family Court, ex parte and gone through the TEJWINDER SINGH 2026.07.09 12:54 I agree to specified portions of this document
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TA-1633-2025 (O&M)
[6] In the present case, admittedly, the petitioner-wife has filed a petition under Sections 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the learned Sub Divisional Judicial Magistrate, Naraingarh besides one FIR bearing No.368 dated 25.11.2024 registered under Sections 354, 406, 498-A, 506 read with Section 34 IPC at Police Station Naraingarh, District Ambala [7] As per the averments made in the present transfer application, the distance between Kurukshetra and Naraingarh is approximately 70 kilometres and there is not direct bus/train service connecting both the towns.
[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. HMA/891/2024, titled “Amit Kumar Vs. Kusam Devi”, filed by the respondent-husband, stands transferred from the Family Court, Kurukshetra to the Court of competent jurisdiction at Family Court, Naraingarh. The requisite record of the aforesaid case be sent by the Family Court, Kurukshetra to the Court concerned. [10] Pending miscellaneous application(s), if any, shall also stand disposed of. 06.07.2026
(HARKESH MANUJA) Tejwinder
JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No
TEJWINDER SINGH 2026.07.09 12:54 I agree to specified portions of this document