Extracted from the PDF above. The PDF is authoritative.
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TA No. TA No.1597 of 2025 1597 of 2025 1597 of 2025 1597 of 2025
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 270
AARTI AARTI AARTI AARTI
Vs Vs Vs Vs SATISH SATISH SATISH SATISH
CORAM:
CORAM:
CORAM:
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ
Present: Mr.
Mr. Navmohit Singh, Advocate HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) [1]. [1]. [1]. [1].
Short reply on behalf of the respondent has been filed in Court, the same is taken on record. [[[[2222].].].].
The case bearing DMC No.
DMC No.
DMC No.
DMC No. 13- of the Hindu petition” petition” petition” petition”) at the Principal Judge, jurisdiction at Ambala. [[[[3333]]]].... Briefly stating, the marriage between the was solemnized on matrimonial discord came to be preferred at the instance of respondent application seeking its transfer came to be filed by the [[[[4444].].].].
Learned counsel for the applicant-wife has also filed maintenance 1597 of 2025 1597 of 2025 1597 of 2025 1597 of 2025
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.1597 Transfer Application No.1597 Transfer Application No.1597 Transfer Application No.1597
Date of Decision: Date of Decision: Date of Decision: Date of Decision:
...... ...... ...... ......
…..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ Mr. Ram Pal Verma, Advocate for the applicant. Mr. Navmohit Singh, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) Short reply on behalf of the respondent has been filed in Court, the same is taken on record. The applicant-wife, by way of present DMC No.
DMC No.
DMC No.
DMC No. 720 720 720 720 of of of of 2025 2025 2025 2025, titled “Satish Vs. Aarti Satish Vs. Aarti Satish Vs. Aarti Satish Vs. Aarti 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, Sonipat to the jurisdiction at Ambala. Briefly stating, the marriage between the was solemnized on 26.05.2021 as per Hindu rites and ceremonies. matrimonial discord between the parties, the above mentioned divorce petition preferred at the instance of respondent application seeking its transfer came to be filed by the
Learned counsel for the applicant wife has also filed maintenance application bearing MNT No.32
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.1597 Transfer Application No.1597 Transfer Application No.1597 Transfer Application No.1597 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: 07 07 07 07.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJAAAA for the applicant. for the respondent. Short reply on behalf of the respondent has been filed in Court, the wife, by way of present application, seeks transfer of Satish Vs. Aarti Satish Vs. Aarti Satish Vs. Aarti Satish Vs. Aarti””””, filed under Section 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 Court of competent Briefly stating, the marriage between the applicant and respondent du rites and ceremonies. On account of between the parties, the above mentioned divorce petition preferred at the instance of respondent-husband. Thereupon, the present application seeking its transfer came to be filed by the applicant-wife. applicant, inter alia, contends that the application bearing MNT No.32 of 202 1 Short reply on behalf of the respondent has been filed in Court, the transfer of , filed under Section 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 learned Court of competent respondent n account of between the parties, the above mentioned divorce petition , the present , contends that the of 2022 MOHMED ATIK 2026.07.08 11:40 I attest to the accuracy and authenticity of this
order/judgment
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before the Court of learned Principal Judge, Family Court, pending for adjudication parental home at prayer is made f instance of respondent Sonipat to the learned Court of competent jurisdiction at Ambala. [[[[5555].].].]. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the [[[[6666].].].]. I have heard learned counsel for the parties and gone through the paper-book. [[[[7777].].].]. In the present case, admittedly, the No.32 of 2022 under Section 125 Cr.P.C., seeking maintenance from the respondent-husband Ambala, in which arguments have been heard on the application for interim maintenance. [[[[8888].].].]. As per the averments made in the present transfer application, applicant-wife is residing with her parents and has no income. The applicant travelling expenses Kilometers approximately is totally dependent upon her parents. [[[[9999].].].]. 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 the parties, 1597 of 2025 1597 of 2025 1597 of 2025 1597 of 2025
before the Court of learned Principal Judge, Family Court, adjudication. It is further submitted that the parental home at Dudla Mandi, Ambala Cantt, District Ambala prayer is made for transfer of the above mentioned divorce petition filed at the respondent-husband from the learned Principal Judge, learned Court of competent jurisdiction at Ambala. 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 In the present case, admittedly, the 2 under Section 125 Cr.P.C., seeking maintenance from the husband before the Court of learned Principal Judge, Family Court, in which arguments have been heard on the application for interim As per the averments made in the present transfer application, is residing with her parents and has no The applicant is facing great difficulty in bearing the litigation charges and expenses in prosecuting the said case as there is a distance of Kilometers approximately between Sonipat and Ambala 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 Vishal Vishal Vishal SSSSingh Chouhan, ingh Chouhan, ingh Chouhan, ingh Chouhan, held that, in the interest of both the parties,
before the Court of learned Principal Judge, Family Court, Ambala, which is further submitted that the applicant is residing in Dudla Mandi, Ambala Cantt, District Ambala. Accordingly, a transfer of the above mentioned divorce petition filed at the learned Principal Judge, Family Court, learned Court of competent jurisdiction at Ambala. On the other hand, learned counsel for the respondent vehemently applicant. I have heard learned counsel for the parties and gone through the In the present case, admittedly, the applicant-wife has filed the MNT 2 under Section 125 Cr.P.C., seeking maintenance from the before the Court of learned Principal Judge, Family Court, in which arguments have been heard on the application for interim As per the averments made in the present transfer application, is residing with her parents and has no independent source of in bearing the litigation charges and in prosecuting the said case as there is a distance of about 160 and Ambala and for the financials, she 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) held that, in the interest of both the parties, all connected matrimonial 2 which is her . Accordingly, a transfer of the above mentioned divorce petition filed at the Family Court, On the other hand, learned counsel for the respondent vehemently I have heard learned counsel for the parties and gone through the MNT 2 under Section 125 Cr.P.C., seeking maintenance from the before the Court of learned Principal Judge, Family Court, in which arguments have been heard on the application for interim As per the averments made in the present transfer application, the source of in bearing the litigation charges and 160 and Ambala and for the financials, she rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial MOHMED ATIK 2026.07.08 11:40 I attest to the accuracy and authenticity of this
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proceedings should ordinarily be heard by the allowed the transfer application therein. extracted hereunder:
“3. pending in Family parties to try all their 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 Famil
4. that all their cases be heard together by the same Court. 5. Court, Indore to the Family Court,
[[[[10 10 10 10].].].]. 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 allowed allowed allowed and the divorce petition under Section 13 of the Hindu Marriage Act i.e. DMC/ DMC/ DMC/ DMC/720 720 720 720////2025 2025 2025 2025, titled transferred from the learned Principal Judge, Family Court, aforesaid case be sent by the [1 [1 [1 [11111].].].]. Pending miscellaneous application(s), if any, shall also stand disposed of. July July July July 07 07 07 07, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 1597 of 2025 1597 of 2025 1597 of 2025 1597 of 2025
proceedings should ordinarily be heard by the transfer application therein. Relevant paragraph nos.3 to 5 are 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 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 Famil
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, 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 and the divorce petition under Section 13 of the Hindu Marriage Act i.e. 2025 2025 2025 2025, titled ““““Satish Vs. Aarti Satish Vs. Aarti Satish Vs. Aarti Satish Vs. Aarti””””, filed by the respondent transferred from the learned Principal Judge, Family Court, learned Principal Judge, Family Court, Ambala. aforesaid case be sent by the learned Family Court, 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
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 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 that all their cases be heard together by the same Court. Therefore, H.M.A. Case No.71/2016 is transferred from Family Bhopal.” 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 and the divorce petition under Section 13 of the Hindu Marriage Act i.e. , filed by the respondent-husband, stands Family Court, Sonipat to the Court of Ambala. The requisite record of the Family Court, Sonipat to the Court concerned. 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 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 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 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 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 and the divorce petition under Section 13 of the Hindu Marriage Act i.e. husband, stands to the Court of The requisite record of the to the Court concerned. Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.08 11:40 I attest to the accuracy and authenticity of this
order/judgment