TA No. TA No. TA No. TA No.758 758 758 758 of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) 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 259 MONIKA MONIKA MONIKA MONIKA Vs Vs Vs Vs HARSHVARDHAN AND ANOTHER HARSHVARDHAN AND ANOTHER HARSHVARDHAN AND ANOTHER HARSHVARDHAN AND ANOTHER CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE Present: Ms. Nevadita Malik Sharma for the Mr. for HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) [1]. [1]. [1]. [1]. The bearing DMC No.206/2024 DMC No.206/2024 DMC No.206/2024 DMC No.206/2024 filed under Section 13 referred as “divorce petition” referred as “divorce petition” referred as “divorce petition” referred as “divorce petition” Court of learned Principal Judge, Family Court, [2] [2] [2] [2].... Briefly stating, the marriage between the No.1 was solemnized the parties, the above mentioned divorce petition came to be instance of respondent transfer came to be filed by the of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) 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. Transfer Application No. Transfer Application No. Transfer Application No. Date of Decision: Date of Decision: Date of Decision: Date of Decision: HARSHVARDHAN AND ANOTHER HARSHVARDHAN AND ANOTHER HARSHVARDHAN AND ANOTHER HARSHVARDHAN AND ANOTHER HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HARKESH MANUJ HARKESH MANUJ HARKESH MANUJ HARKESH MANUJ Ms. Nevadita Malik Sharma, Advocate for the applicant (through V.C.). Mr. Shiv Kumar Rana, Advocate for respondent No.1. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present case DMC No.206/2024 DMC No.206/2024 DMC No.206/2024 DMC No.206/2024, dated 14.03.2024, titled filed under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 ( referred as “divorce petition” referred as “divorce petition” referred as “divorce petition” referred as “divorce petition”) at the instance of respondent learned Principal Judge, Family Court, Principal Judge, Family Court, Gurugram. Briefly stating, the marriage between the was solemnized on 23.05.2019. On account of matrimonial discord the parties, the above mentioned divorce petition came to be instance of respondent-husband. Thereafter, the present transfer 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 Transfer Application No. Transfer Application No. Transfer Application No. Transfer Application No. 758 758 758 758 of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 02 02 02 02.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respond …..Respond …..Respond …..Responden en en enttttssss HARKESH MANUJ HARKESH MANUJ HARKESH MANUJ HARKESH MANUJAAAA , Advocate present case, seeks transfer of case , titled “Harshavardhan Harshavardhan Harshavardhan Harshavardhan Vs. Vs. Vs. Vs. Monika Monika Monika Monika Marriage Act, 1955 (hereinafter to be hereinafter to be hereinafter to be hereinafter to be instance of respondent-husband; from the Family Court, Bhiwani to the Court of learned Briefly stating, the marriage between the applicant and respondent n account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the husband. Thereafter, the present application seeking its 1 transfer of case Monika Monika Monika Monika hereinafter to be hereinafter to be hereinafter to be hereinafter to be husband; from the to the Court of learned respondent between preferred at the application seeking its MOHMED ATIK 2026.07.03 16:07 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.758 758 758 758 of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) [3]. [3]. [3]. [3]. Learned counsel for the complaint made by the applicant on 11.04.2020, a criminal case vide FIR No.21 dated 12.04.2020 was registered against the respondent submitted that the applicant a Teacher. Accordingly, a prayer is made for divorce petition filed at the learned Principal Judge, Principal Judge, Family Court, [4]. [4]. [4]. [4]. On the other hand, learned counsel for opposes the prayer made on behalf of the [[[[5555].].].]. I have heard learned counsel for the parties and gone through the paper-book. [[[[6666].].].]. In the present case, admittedly, the FIR No.21 dated 12.04.2020 respondent-husband and his family members Gurugram and currently working as Teacher (PGT School, Sector 109, Gurugram. informs that respondent presently residing Gurugram. Even otherwise also this fact finds corroboration from the service report of respondent address at Gurugram. learned counsel representing respondent of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) Learned counsel for the applicant, complaint made by the applicant-wife before the Women Police Station, Gurugram on 11.04.2020, a criminal case vide FIR No.21 dated 12.04.2020 was registered nst the respondent No.1-husband and his family members. he applicant-wife is presently residing Accordingly, a prayer is made for divorce petition filed at the instance of respondent Principal Judge, Family Court, Bhiwani Principal Judge, Family Court, Gurugram. On the other hand, learned counsel for opposes the prayer made on behalf of the applicant I have heard learned counsel for the parties and gone through the In the present case, admittedly, the FIR No.21 dated 12.04.2020 with the Women Police Station, Gurugram husband and his family members Gurugram and currently working as Teacher (PGT School, Sector 109, Gurugram. Besides it, learned counsel that respondent No.1-husband has also residing at Flat No.2504, 25th Floor, Tower 1, M3M, Sector 74, Gurugram. Even otherwise also this fact finds corroboration from the service report of respondent No.1-husband, which reflects that he was Gurugram. Moreover, this fact has learned counsel representing respondent No.1-husband. , inter alia, contends that the upon a wife before the Women Police Station, Gurugram on 11.04.2020, a criminal case vide FIR No.21 dated 12.04.2020 was registered husband and his family members. It is further residing and working in Gurugram as Accordingly, a prayer is made for transfer of the above mentioned respondent No.1-husband from the Court of Bhiwani to the Court of learned On the other hand, learned counsel for respondent No.1 vehemently applicant. I have heard learned counsel for the parties and gone through the In the present case, admittedly, the applicant-wife got registered with the Women Police Station, Gurugram against the husband and his family members. Since then, she is residing in Gurugram and currently working as Teacher (PGT-Commerce) at Gyaananda Besides it, learned counsel for the applicant-wife has also shifted to Gurugram and is Floor, Tower 1, M3M, Sector 74, Gurugram. Even otherwise also this fact finds corroboration from the service which reflects that he was served at the said has not been seriously disputed by husband. 2 upon a wife before the Women Police Station, Gurugram on 11.04.2020, a criminal case vide FIR No.21 dated 12.04.2020 was registered It is further working in Gurugram as transfer of the above mentioned from the Court of to the Court of learned vehemently I have heard learned counsel for the parties and gone through the got registered an against the . Since then, she is residing in Commerce) at Gyaananda wife shifted to Gurugram and is Floor, Tower 1, M3M, Sector 74, Gurugram. Even otherwise also this fact finds corroboration from the service at the said isputed by MOHMED ATIK 2026.07.03 16:07 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.758 758 758 758 of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) [[[[7777].].].]. 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 both proceedings should ordinarily be heard by the allowed the transfer application therein. [[[[8888].].].]. On such a cumulative analysis of the fact present case, and keeping principle that all the proceedings arising out of the matrimonial discord between the parties should ordinarily be adjudicated upon by the same the transfer application is of the Hindu Marriage Act i.e. transferred from the Court of learned Principal Judge, Family Court, record of the aforesaid case be sent by the Bhiwani to the Court concerned. [[[[9999].].].]. Pending miscellaneous application(s), if any, shall also stand disposed of. July July July July 02 02 02 02, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) 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 S Vishal S Vishal S Vishal Singh Chouhan, ingh Chouhan, ingh Chouhan, ingh Chouhan, held that, in the interest of both the parties, proceedings should ordinarily be heard by the allowed the transfer application therein. On such a cumulative analysis of the fact and keeping in view the convenience of the parties all the proceedings arising out of the matrimonial discord between should ordinarily be adjudicated upon by the same the transfer application is allo allo allo allowed wed wed wed and the divorce petition under Section 13 of the Hindu Marriage Act i.e. HMA HMA HMA HMA----206 206 206 206----20 20 20 20 transferred from the Court of learned Principal Judge, the Court of learned Principal Judge, Family Court, record of the aforesaid case be sent by the learned 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 Furthermore, the Hon’ble Supreme Court in its decision rendered in ingh Chouhan, ingh Chouhan, ingh Chouhan, ingh Chouhan, reported as “2019 (13) 2019 (13) 2019 (13) 2019 (13) the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and, accordingly, On such a cumulative analysis of the facts and circumstances of the in view the convenience of the parties as well the settled all the proceedings arising out of the matrimonial discord between should ordinarily be adjudicated upon by the same Court. Consequently and the divorce petition under Section 13(1)(ia) 20 20 20 2022224,4,4,4, respondent-husband, stands Principal Judge, Family Court, Bhiwani the Court of learned Principal Judge, Family Court, Gurugram. The requisite learned Principal Judge, Family Court, 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 3 rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial same Court and, accordingly, s and circumstances of the as well the settled all the proceedings arising out of the matrimonial discord between . Consequently (1)(ia) husband, stands Bhiwani to The requisite Family Court, Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.03 16:07 I attest to the accuracy and authenticity of this order/judgment