TA No. TA No. TA No. TA No.953 953 953 953 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 301 DEVAHUTI DEVAHUTI DEVAHUTI DEVAHUTI Vs Vs Vs Vs LOVE LOVE LOVE LOVE KUMAR KUMAR KUMAR KUMAR CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Ms. Saroj Kumari, Advocate for Mr. Ritesh Tomar, Advocate for the applicant. Mr. Rahul Makkar, Advocate for the respondent. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) 1. The case bearing “HMA/632/2024 HMA/632/2024 HMA/632/2024 HMA/632/2024 Section 13 of the Hindu petition” petition” petition” petition”) at the Principal Judge, Court, District Faridabad. 2. Briefly stating, the marriage between the was solemnized on was born on 15.07.2016 the above mentioned divorce petition came to be respondent-husband. came to be filed by the 202 202 202 2025555 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: ...... ...... ...... ...... KUMAR KUMAR KUMAR KUMAR …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Ms. Saroj Kumari, Advocate for Mr. Ritesh Tomar, Advocate for the applicant. Mr. Rahul Makkar, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present HMA/632/2024 HMA/632/2024 HMA/632/2024 HMA/632/2024” ” ” ” titled “Love Kumar vs. Devahuti Love Kumar vs. Devahuti Love Kumar vs. Devahuti Love Kumar vs. Devahuti Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce ) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Jhajjar to the Court, District Faridabad. Briefly stating, the marriage between the was solemnized on 30.01.2015; out of their wedlock, a 15.07.2016. On account of matrimonial discord the above mentioned divorce petition came to be husband. Thereupon, the present applic came to be filed by the applicant-wife. 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.953 953 953 953 of of of of 202 202 202 2025555 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 20 20 20 20.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA wife, by way of present application, seeks transfer of Love Kumar vs. Devahuti Love Kumar vs. Devahuti Love Kumar vs. Devahuti Love Kumar vs. Devahuti””””, filed under hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce husband; from the Court of learned to the learned Principal Judge, Family Briefly stating, the marriage between the applicant and respondent out of their wedlock, a male child namely, Nakash n account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of application seeking transfer thereof 1 transfer of , filed under hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce husband; from the Court of learned Judge, Family respondent Nakash, between the parties, preferred at the instance of thereof MOHMED ATIK 2026.07.22 09:31 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.953 953 953 953 of of of of 202 202 202 202 3. In compliance of order dated 27.07.2026 are present in-person. They submit that there is no scope of settlement between them. 4. Learned counsel for the applicant-wife is residing is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband Jhajjar to the learned 4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant to his medical condition, the respondent is unfit to undertake frequent travel to Faridabad. The respondent has undergone multiple surgeries and is suffering from severe post-operative complications. respondent is taken on record, subject to just exceptions. 5.... I have heard learned counsel for the paper-book and reply filed on behalf of the respondent. 6. In the present case, admittedly, the bearing MNT/2380/2024 maintenance which Faridabad and a complaint bearing No.COMA/ 19, 20 & 22 of the pending before the learned 7. As per the averments made in the present transfer application, the applicant-wife is residing 202 202 202 2025555 In compliance of order dated 27.07.2026 person. They submit that there is no scope of settlement between Learned counsel for the applicant wife is residing in her parental house at Faridabad transfer of the above mentioned divorce petition filed at the instance of husband from the Court of learned Principal Judge, earned Principal Judge, Family Court, District Faridabad. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant to his medical condition, the respondent is unfit to undertake frequent travel to Faridabad. The respondent has undergone multiple surgeries and is suffering from operative complications. Reply already filed on behalf respondent is taken on record, subject to just exceptions. I have heard learned counsel for the book and reply filed on behalf of the respondent. In the present case, admittedly, the bearing MNT/2380/2024 under Section 144 which is pending before the learned Principal Judge and a complaint bearing No.COMA/378/2025 of the Protection of Women from Domestic Violence Act, pending before the learned Illaqa Magistrate, Faridabad. As per the averments made in the present transfer application, the is residing along with her minor son In compliance of order dated 27.07.2026, the applicant and respondent person. They submit that there is no scope of settlement between applicant, inter alia, contends that the at Faridabad.... Accordingly, a prayer transfer of the above mentioned divorce petition filed at the instance of from the Court of learned Principal Judge, Family Court, Judge, Family Court, District Faridabad. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant while submitting that the owing to his medical condition, the respondent is unfit to undertake frequent travel to Faridabad. The respondent has undergone multiple surgeries and is suffering from Reply already filed on behalf of the respondent is taken on record, subject to just exceptions. I have heard learned counsel for the parties and gone through the book and reply filed on behalf of the respondent. 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, 378/2025 under Sections 12, 17, 18, Domestic Violence Act, 2005 is also Illaqa Magistrate, Faridabad. As per the averments made in the present transfer application, the along with her minor son in her parental house 2 , the applicant and respondent person. They submit that there is no scope of settlement between , contends that the Accordingly, a prayer transfer of the above mentioned divorce petition filed at the instance of Family Court, On the other hand, learned counsel for the respondent vehemently submitting that the owing to his medical condition, the respondent is unfit to undertake frequent travel to Faridabad. The respondent has undergone multiple surgeries and is suffering from of the and gone through the a petition grant of , Family Court, , 17, 18, also As per the averments made in the present transfer application, the her parental house at MOHMED ATIK 2026.07.22 09:31 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.953 953 953 953 of of of of 202 202 202 202 Faridabad and has no independent source of income. The applicant difficulty in bearing the litigation charges and travelling expenses said case and for the 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: “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, under Section 144 of BNSS, 2023 bearing No.COMA/ Protection of Women from Domestic Violence Act, 2005 at Faridabad, therefore cases be heard together 202 202 202 2025555 and has no independent source of income. The applicant in bearing the litigation charges and travelling expenses and for the 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:- 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 two cases i.e. a 144 of BNSS, 2023 for grant of maintenance and a complaint bearing No.COMA/378/2025 under Sections 12, 17, 18, 19, 20 & 22 of the Protection of Women from Domestic Violence Act, 2005 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 and has no independent source of income. The applicant is facing great in bearing the litigation charges and travelling expenses in pursuing 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 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 petition bearing MNT/2380/2024 for grant of maintenance and a complaint under Sections 12, 17, 18, 19, 20 & 22 of the Protection of Women from Domestic Violence Act, 2005, are pending adjudication it would be in the interest of both the parties that all their Consequently the transfer application is 3 great 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 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 bearing MNT/2380/2024 for grant of maintenance and a complaint under Sections 12, 17, 18, 19, 20 & 22 of the pending adjudication it would be in the interest of both the parties that all their Consequently the transfer application is MOHMED ATIK 2026.07.22 09:31 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.953 953 953 953 of of of of 202 202 202 202 allowed allowed allowed allowed and the divorce petition under Section 13 of the Hindu Marriage Act i.e. HMA/632/2024” HMA/632/2024” HMA/632/2024” HMA/632/2024” husband, stands transferred Court, Jhajjar to the requisite record of the aforesaid case be sent by the to the Court concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed of. July July July July 20 20 20 20, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 202 202 202 2025555 and the divorce petition under Section 13 of the Hindu Marriage Act i.e. HMA/632/2024” HMA/632/2024” HMA/632/2024” HMA/632/2024” titled “Love Kumar vs. Devahuti Love Kumar vs. Devahuti Love Kumar vs. Devahuti Love Kumar vs. Devahuti husband, stands transferred from the Court of learned Principal Judge, to the learned Principal Judge, Family Court, District Faridabad requisite record of the aforesaid case be sent by the to the Court concerned. Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) Whether speaking/reasoned Yes/No Whether reportable Yes/No and the divorce petition under Section 13 of the Hindu Marriage Act i.e. Love Kumar vs. Devahuti Love Kumar vs. Devahuti Love Kumar vs. Devahuti Love Kumar vs. Devahuti””””, filed by the respondent from the Court of learned Principal Judge, Family Judge, Family Court, District Faridabad. The requisite record of the aforesaid case be sent by the learned Family Court, Jhajjar 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 4 and the divorce petition under Section 13 of the Hindu Marriage Act i.e. filed by the respondent- Family The Jhajjar Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.22 09:31 I attest to the accuracy and authenticity of this order/judgment