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High Court of Punjab and Haryana · body

2025 DAILYLAW 7508 (PNJ)

SONU v. MANJEET SINGH

TA/1075/2025 · 2026-07-06

Harkesh Manuja

body2025

Judgment text

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153 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Transfer Application No. 1075 of 2025 (O&M) Date of Decision: 06.07.2026 Sonu .......... Petitioner Versus Manjit Singh .......... Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Raghav Chhabra, Advocate, for the petitioner. None for the respondent. **** HARKESH MANUJA, J. (ORAL) The petitioner-wife, by way of present application, seeks transfer of petition bearing HMA/309/2025, titled “Manjeet Singh Versus Sonu” filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as “divorce petition”) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Kurukshetra, to the Court of competent jurisdiction at Family Court, Camp Court, Narwana, District Jind. [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on 14.02.2014; a baby girl was born out of the said wedlock on 05.07.2025 and on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking its transfer came to be filed by the petitioner-wife. [3] Learned counsel for the petitioner, inter alia, submits that some petition(s) filed at the instance of petitioner-wife are pending adjudication at the Court Complex, Narwana, District Jind; she has no source of income and she alongwith her minor girl, namely, Ruchi, is residing in her parental home at DINESH KUMAR 2026.07.08 10:19 I attest to the accuracy and integrity of this document T.A. No. 1075 of 2025 (O&M) [2] Narwana, District Jind, which is at a distance of more than 100 kms. from Kurukshetra; therefore, it is very difficult for her to travel with minor girl; thus, prayer is for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, Kurukshetra to the Court of competent jurisdiction at Narwana, District Jind. [4] No one appears on behalf of the respondent. [5] I have heard learned counsel for the petitioner and gone through the paper-book. [6] In the present case, admittedly, the petitioner-wife has filed the following two petitions which are pending adjudication at the Court Complex, Narwana:- (1) Maintenance Petition bearing MNT125/203/2025, titled “Sonu Versus Manjeet Singh, under Section 125 of Cr.P.C.; pending before the learned Family Court, Camp Court, Narwana, District Jind; and (2) FIR No. 136, dated 16.05.2025, under Sections 115, 3 (5), 316 (2), 85 of the BNSS, 2023; pending trial before the Sub Divisional Judicial Magistrate, Narwana. [7] In the present case, the petitioner is stated to have no source of income and she alongwith her minor girl is residing in her parental home at Narwana, which is at a distance of more than 100 kms. from Kurukshetra. In the humble opinion of this Court, it would be appropriate that in case the aforesaid divorce petition filed at the instance of respondent-husband pending at Family Court, Kurukshetra be transferred to the Court of competent jurisdiction at Narwana, District Jind so as to ensure convenience of the petitioner-wife alongwith minor girl. DINESH KUMAR 2026.07.08 10:19 I attest to the accuracy and integrity of this document T.A. No. 1075 of 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. Relevant paras-3 to 5 of the aforesaid decision 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 Family Court, Bhopal. 4. 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. 5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.” [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 divorce petition bearing HMA/309/2025 (supra) filed at the instance of respondent-husband, stands transferred from the Family Court, Kurukshetra, to the learned Family Court, Camp Court, Narwana, District Jind. The requisite record of the aforesaid case be sent by the Family Court, Kurukshetra to the Court concerned. [10] Pending miscellaneous application(s), if any, shall also stand disposed off. July 06, 2026 ( HARKESH MANUJA ) 'dk kamra' JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2026.07.08 10:19 I attest to the accuracy and integrity of this document