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2025 DAILYLAW 7569 (PNJ)

POONAM DEVI v. AMIT KUMAR

TA/623/2025 · 2026-07-07

Harkesh Manuja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TA No.623 of 2025 140+269 IN THE HIGH COURT OF PUNJAB AND HARYANA Poonam Devi Vs Amit Kumar CORAM: HON'BLE MR. Present: Mr. for the applicant/ petitioner. Mr. for the respondent. HARKESH MANUJA, J. (Oral) CM-12983-CII of 2026 Application for placing on record replication to the the respondent is allowed as prayed for subject to all just exceptions. Replication along with annexure is taken on record. Registry to tag the same at appropriate place. MAIN CASE: The applicant divorce petition bearing Poonam Devi” (hereinafter to be referred as “ respondent-husband; from the Court of learned Principal Judge, Family Court, 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: 07.07.2026 Vs HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Sumit Sangwan, Advocate for the applicant/ petitioner. Mr.S.S. Goyat, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) CII of 2026 Application for placing on record replication to the the respondent is allowed as prayed for subject to all just exceptions. Replication along with annexure is taken on record. Registry to tag the same at appropriate place. The applicant-wife, by way of present case, seeks transfer of divorce petition bearing No. HMA-50/202 Poonam Devi”, filed under Section 13 (1) of the Hindu Marriage Act, 1955 hereinafter to be referred as “divorce petition husband; from the Court of learned Principal Judge, Family Court, Camp Court, Narwana (District Jind) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 623 of 2025 (O&M) Date of Decision: 07.07.2026 ......Petitioner …..Respondent JUSTICE HARKESH MANUJA Application for placing on record replication to the reply filed by the respondent is allowed as prayed for subject to all just exceptions. Replication along with annexure is taken on record. Registry to tag the wife, by way of present case, seeks transfer of /2024, titled “Amit Kumar Vs. of the Hindu Marriage Act, 1955 divorce petition”) at the instance of husband; from the Court of learned Additional District Judge as Camp Court, Narwana (District Jind) to the 1 reply filed by the respondent is allowed as prayed for subject to all just exceptions. Replication along with annexure is taken on record. Registry to tag the wife, by way of present case, seeks transfer of Vs. of the Hindu Marriage Act, 1955 e instance of Additional District Judge as to the SANJAY GUPTA 2026.07.09 18:13 I attest to the accuracy and integrity of this document TA No.623 of 2025 Court of learned Principal Judge, Family Court, Hisar. [2] Briefl respondent was solemnized on child, namely, 02.07.2020, respectively parties, the above mentioned divorce petition came to be preferred at the instance of respondent seeking transfer [3] Learned counsel for the applicant, applicant is residing alongwith her home. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent learned Additional District Judge as Principal Judge, Family Court, Camp Court, Narwana (District Jind) to the Court of learned Principal Judge, Family Court, Camp at Barwala, District Hisar [4] On the other hand, learned counsel for the respondent vehemently opposes [5] I have heard learned counsel for the parties and gone through the paper-book. [6] In the present case, admittedly, the applicant MNT No. 125/210/2026 from the respondent Family Court Camp at Barwala, District Hisar been heard on the application for interim maintenance. 2025 Court of learned Principal Judge, Family Court, Briefly stating, the marriage between the petitioner and respondent was solemnized on 09.02.2015 child, namely, Khushi and Nivanshi, were 02.07.2020, respectively; on account of matrimonial discord between parties, the above mentioned divorce petition came to be preferred at the instance of respondent-husband. Thereupon seeking transfer thereof came to be filed by the applicant Learned counsel for the applicant, applicant is residing alongwith her two minor . Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent tional District Judge as Principal Judge, Family Court, Camp Court, Narwana (District Jind) to the Court of learned Principal Judge, Family Court, Camp at Barwala, District Hisar 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 book. In the present case, admittedly, the applicant 125/210/2026 under Section 144 BNSS, seeking from the respondent-husband before the Court of learned Principal Judge, Camp at Barwala, District Hisar been heard on the application for interim maintenance. Court of learned Principal Judge, Family Court, Camp at Barwala, District y stating, the marriage between the petitioner and 09.02.2015; out of their wedlock, two girl were born on 27.05.2016 and ; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the Thereupon, the present application came to be filed by the applicant-wife. Learned counsel for the applicant, inter alia, contends that the minor daughters at her parental . Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Court of tional District Judge as Principal Judge, Family Court, Camp Court, Narwana (District Jind) to the Court of learned Principal Judge, Family Court, Camp at Barwala, District Hisar On the other hand, learned counsel for the respondent the prayer made on behalf of the applicant. I have heard learned counsel for the parties and gone through In the present case, admittedly, the applicant-wife has filed under Section 144 BNSS, seeking maintenance husband before the Court of learned Principal Judge, Camp at Barwala, District Hisar, in which arguments have been heard on the application for interim maintenance. 2 Camp at Barwala, District y stating, the marriage between the petitioner and two girl 27.05.2016 and the parties, the above mentioned divorce petition came to be preferred at the , the present application , contends that the at her parental . Accordingly, a prayer is made for transfer of the above mentioned Court of tional District Judge as Principal Judge, Family Court, Camp Court, Narwana (District Jind) to the Court of learned Principal Judge, On the other hand, learned counsel for the respondent I have heard learned counsel for the parties and gone through wife has filed maintenance husband before the Court of learned Principal Judge, , in which arguments have SANJAY GUPTA 2026.07.09 18:13 I attest to the accuracy and integrity of this document TA No.623 of 2025 [7] As per the averments made in the present transfer application, the applicant-wife and has no independent source of income. [8] Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan “2019 (13) SCC 660” connected matrimonial proceedings should ordinarily be heard by the same Court and accordingly, allowed the transfer appl paragraphs No.3 to 5 thereof are extracted hereunder: “3. 4. 5. [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. [10] Consequently, the transfer application is divorce petition under Section 13 2025 As per the averments made in the present transfer application, wife along with two minor daughters and has no independent source of income. Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan Versus Vishal Singh Chouhan 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 appl paragraphs No.3 to 5 thereof are extracted hereunder: 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. 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 divorce petition under Section 13 (1) of the Hindu Marriage Act i.e. As per the averments made in the present transfer application, along with two minor daughters is residing with parents Furthermore, the Hon’ble Supreme Court in the case of Vishal Singh Chouhan, reported as 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 paragraphs No.3 to 5 thereof are extracted hereunder:- 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 n 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 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 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 allowed and the of the Hindu Marriage Act i.e. HMA 3 As per the averments made in the present transfer application, parents Furthermore, the Hon’ble Supreme Court in the case of reported as held that in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same ication therein. Relevant 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 n 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, 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 Therefore, H.M.A. Case No.71/2016 is transferred from Considering the aforesaid facts and circumstances, in the humble opinion of this Court, it would be in the interest of both the parties the HMA- SANJAY GUPTA 2026.07.09 18:13 I attest to the accuracy and integrity of this document TA No.623 of 2025 50/2024, titled “ husband, stands transferred from the Court of Judge as Principal Judge, Family Jind) to the Court of learned Principal Judge, Family Court, Camp at Barwala, District Hisar by the Family Court, Principal Judge, Family Court Cam at Barwala (District HIsar) [11] Pending miscellaneous application(s), if any, shall also stand disposed of. 07.07.2026 sanjay Whether speaking/reasoned Whether reportable 2025 , titled “Amit Kumar Vs. Poonam Devi” husband, stands transferred from the Court of Judge as Principal Judge, Family Court, Camp Court, Narwana (District Jind) to the Court of learned Principal Judge, Family Court, Camp at Barwala, District Hisar. The requisite record of the aforesaid case be sent by the Family Court, Narwana (District Jind) ipal Judge, Family Court Cam at Barwala (District HIsar) Pending miscellaneous application(s), if any, shall also stand Whether speaking/reasoned Whether reportable Vs. Poonam Devi”, filed by the respondent husband, stands transferred from the Court of learned Additional District Court, Camp Court, Narwana (District Jind) to the Court of learned Principal Judge, Family Court, Camp at . The requisite record of the aforesaid case be sent Narwana (District Jind) to the Court of learned ipal Judge, Family Court Cam at Barwala (District HIsar). Pending miscellaneous application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Yes/No Yes/No 4 , filed by the respondent- learned Additional District Court, Camp Court, Narwana (District Jind) to the Court of learned Principal Judge, Family Court, Camp at . The requisite record of the aforesaid case be sent of learned Pending miscellaneous application(s), if any, shall also stand SANJAY GUPTA 2026.07.09 18:13 I attest to the accuracy and integrity of this document