TA No.885 of 202 IN THE HIGH COURT OF PUNJAB AND HARYANA 111 POOJA Vs DINESH MALIK CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Ms. Anu Garg, Advocate for the applicant. Mr. Sudhir Hooda, Advocate for the respondent. HARKESH MANUJA, J. (Oral) 1. The case bearing No Pooja”, filed under Section 13 to be referred as “divorce petition” the Court of learned learned Court of competent jurisdiction at Charkhi Dadri. 2. Briefly stating, the marriage between the was solemnized on born on 17.09.2024 above mentioned divorce petition came to be respondent-husband. came to be filed by the 3. Learned counsel for the applicant-wife along with her minor daughter is residing in her parental home at District Charkhi mentioned divorce petition filed at the instance of 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: ...... DINESH MALIK …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA Ms. Anu Garg, Advocate for the applicant. Mr. Sudhir Hooda, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present bearing No.“DMC/827/2025” dated 22.10.2025 , filed under Section 13(1)(ia)of the Hindu to be referred as “divorce petition”) at the instance of respondent the Court of learned Additional Principal Judge, Court of competent jurisdiction at Charkhi Dadri. Briefly stating, the marriage between the ed on 27.11.2023; out of their wedlock, one child namely 17.09.2024. On account of matrimonial discord above mentioned divorce petition came to be husband. Thereupon, the present application seeking transfer came to be filed by the applicant-wife. Learned counsel for the applicant wife along with her minor daughter is residing in her parental home at Charkhi Dadri. Accordingly, a prayer is made for mentioned divorce petition filed at the instance of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH nsfer Application No.885 of 2026 (O&M) Date of Decision: 03.09.2026 ......Applicant …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA wife, by way of present application, seeks transfer of dated 22.10.2025 titled “Dinesh Malik vs. of the Hindu Marriage Act, 1955 (hereinafter instance of respondent-husband; from Principal Judge, Family Court, Rohtak to the Court of competent jurisdiction at Charkhi Dadri. Briefly stating, the marriage between the applicant and respondent ; out of their wedlock, one child namely Sanya was 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 applicant, inter alia, contends that the wife along with her minor daughter is residing in her parental home at Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from the 1 transfer of Dinesh Malik vs. hereinafter husband; from to the respondent was between the parties, the preferred at the instance of thereof , contends that the wife along with her minor daughter is residing in her parental home at transfer of the above from the MOHMED ATIK 2026.09.07 10:44 I attest to the accuracy and integrity of this document TA No.885 of 202 Court of learned Court of competent jurisdiction 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. A perusal of the paper book shows that bearing MNT-125 the instance of the Family Court, Charkhi Dadri under Section 12 of the Protection of Women from Domestic Violence Act is pending before the learned Addl. Chief Judicial Magistrate, 7. As per the averments made in the present transfer application, the applicant-wife along with her minor daughter is residing in her parental home at Charkhi Dadri and has no independent source of income. The applicant great difficulty in bearing the litigation and travelling expenses and for the financials, she is totally dependent upon her parents. 8. Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan SCC 660” held that, in the interest of both the parties, proceedings should ordinarily be heard by the allowed the transfer application therein. extracted hereunder: “3. 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 respon 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. 2026 Court of learned Additional Principal Judge, Family Court, Court of competent jurisdiction at Charkhi Dadri On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. I have heard learned counsel for the parties and gone through the A perusal of the paper book shows that 125-155-2025 under Section 144 BNSS seeking maintenance filed at the instance of the applicant-wife is pending before the learned Principal Judge, Family Court, Charkhi Dadri and a complaint case bearing No.COMA under Section 12 of the Protection of Women from Domestic Violence Act is pending before the learned Addl. Chief Judicial Magistrate, As per the averments made in the present transfer application, the along with her minor daughter is residing in her parental home at and has no independent source of income. The applicant in bearing the litigation 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 Versus 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 paragra extracted 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 respon 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. Family Court, Rohtak to the learned at Charkhi Dadri. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. I have heard learned counsel for the parties and gone through the A perusal of the paper book shows that in the present case, a petition 2025 under Section 144 BNSS seeking maintenance filed at is pending before the learned Principal Judge, a complaint case bearing No.COMA-122-2025 under Section 12 of the Protection of Women from Domestic Violence Act is pending before the learned Addl. Chief Judicial Magistrate, Charkhi Dadri. As per the averments made in the present transfer application, the along with her minor daughter is residing in her parental home at and has no independent source of income. The applicant is facing in bearing the litigation and travelling expenses in pursuing the said and for the financials, she is totally dependent upon her parents. Furthermore, the Hon’ble Supreme Court in its decision rendered in Singh Chouhan, reported as “2019 (13) held that, in the interest of 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 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 2 earned On the other hand, learned counsel for the respondent vehemently I have heard learned counsel for the parties and gone through the a petition 2025 under Section 144 BNSS seeking maintenance filed at is pending before the learned Principal Judge, 2025 under Section 12 of the Protection of Women from Domestic Violence Act is As per the averments made in the present transfer application, the along with her minor daughter is residing in her parental home at is facing the said rendered in 2019 (13) all connected matrimonial same Court and, accordingly, ph nos.3 to 5 are 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 dent 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 MOHMED ATIK 2026.09.07 10:44 I attest to the accuracy and integrity of this document TA No.885 of 202 4. their cases be heard together by the same Court. 5. Indore to the Family Court, Bhopal.” 9. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, under Section 144 BNSS seeking maintenance and a complaint case bearing No.COMA-122- Violence Act., are the interest of both the parties that all their cases be heard together place. Consequently the transfer application is bearing No“DMC under Section 13 husband, stands transferred Family Court, Rohtak Dadri. The requisite record of the aforesaid case be sent by the Court, Rohtak to the Court concerned. before the concerned Court on 1 10. Pending miscellaneous application(s), if any, shall also stand disposed of. September 03, 20 Atik Whether speaking/reasoned Whether reportable 2026 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 petition bearing MNT under Section 144 BNSS seeking maintenance and a complaint case bearing -2025 under Section 12 of the Protection of Women from Domestic , are pending adjudication at Charkhi Dadri the interest of both the parties that all their cases be heard together Consequently the transfer application is “DMC/827/2025” dated 22.10.2025 under Section 13(1)(ia) of the Hindu Marriage Act husband, stands transferred from the Court of learned Rohtak to the learned Court of competent jurisdiction at Charkhi The requisite record of the aforesaid case be sent by the to the Court concerned. Both the parties are directed to appear fore the concerned Court on 18.09.2026. All the cases be listed on the same date. Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) 2026 Whether speaking/reasoned Yes/No Whether reportable Yes/No 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, Considering the aforesaid facts and circumstances, in the humble a petition bearing MNT-125-155-2025 under Section 144 BNSS seeking maintenance and a complaint case bearing e Protection of Women from Domestic Charkhi Dadri, therefore, it would be in the interest of both the parties that all their cases be heard together at the same Consequently the transfer application is allowed and the divorce petition dated 22.10.2025 titled “Dinesh Malik vs. Pooja” of the Hindu Marriage Act, filed by the respondent from the Court of learned Additional Principal Judge, Court of competent jurisdiction at Charkhi The requisite record of the aforesaid case be sent by the learned Family Both the parties are directed to appear .09.2026. All the cases be listed on the same date. Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) JUDGE Yes/No Yes/No 3 We are of the view that it will be in the interests of both the parties that all Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Considering the aforesaid facts and circumstances, in the humble 2025 under Section 144 BNSS seeking maintenance and a complaint case bearing e Protection of Women from Domestic it would be in at the same divorce petition Dinesh Malik vs. Pooja”, filed by the respondent- Principal Judge, Court of competent jurisdiction at Charkhi Family Both the parties are directed to appear .09.2026. All the cases be listed on the same date. Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.09.07 10:44 I attest to the accuracy and integrity of this document