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2025 DAILYLAW 7439 (PNJ)

YASMEEN v. RULIA KHAN

TA/1242/2025 · 2026-07-03

Harkesh Manuja

body2025

Judgment text

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TA-1242-2025 (O&M) --1-- 215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-1242-2025 (O&M) Decided on:-03.07.2026 Yasmeen ….Applicant. vs. Rulia Khan ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr.Mandeep K. Dhot, Advocate for the applicant. Mr. Sandeep K. Bansal, Advocate for the respondent. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of suit bearing DMC/4/2025, dated 29.04.2025 (Annexure P-1), titled “Rulia Khan vs. Yasmeen”, filed for restitution of conjugal rights under Mohammedan Law at the instance of respondent-husband; from the Court of learned Principal Judge(Family Court), Barnala to the competent Court of jurisdiction at Malerkotla. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 20.05.2023; out of their wedlock, a boy child namely, Mohd. Jauhan, was born on 15.02.2024; on account of matrimonial discord between the parties, the above mentioned suit, came to be preferred at the instance of respondent-husband. Thereafter, the present application seeking its transfer came to be filed by the applicant-wife. 3. Learned counsel for the applicant, inter alia, contends that the SONIKA 2026.07.06 09:47 I attest to the accuracy and authenticity of this document TA-1242-2025 (O&M) --2-- applicant-wife has also filed the following three cases before the Court of learned Principal Judge, Family Court, Malerkotla:- (i) Civil Suit No. CS/561/2025, titled “ Yasmeen vs. Rulia”; (ii) Maintenance case No.151/2025, titled “Yasmin vs. Rulia”; (iii) Complaint bearing No.COMA/138/2025, titled “Yasmin vs. Rulia”. The notices in the aforementioned cases have been issued to the respondent-husband. It is further submitted that the applicant is residing alongwith her minor son at her parental home at Malerkotla which is more than 60 Kms away from Barnala. Accordingly, a prayer is made for transfer of the above mentioned suit for restitution of conjugal rights filed at the instance of respondent-husband from Family Court, Barnala to Family Court, Malerkotla. 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. In the present case, admittedly, the applicant-wife has filed the abovementioned three cases which are pending adjudication before the Court of learned Principal Judge, Family Court, Malerkotla. 7. As per the averments made in the present transfer application, the applicant-wife is solely dependent on her parents, who are unable to accompany her on each and every date of hearing at Barnala, which is about 60 kms away from Malerkotla. Besides it, the applicant is also taking care of her minor son, namely, Mohd. Jauhan, while staying at Malerkotla. SONIKA 2026.07.06 09:47 I attest to the accuracy and authenticity of this document TA-1242-2025 (O&M) --3-- 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 suit for restitution of conjugal rights under Mohammedan Law, titled “Rulia Khan vs. Yasmeen”, filed by the respondent-husband, stands transferred from the Family Court, Barnala, to the Court of competent jurisdiction at Family Court, Malerkotla. The requisite record of the aforesaid case be sent by the Family Court, Barnala to the Court concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed off. 03.07.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.06 09:47 I attest to the accuracy and authenticity of this document